SIRREY v. DANOU, 453 Mich. 928 (1996)

554 N.W.2d 917

No. 104792.Supreme Court of Michigan.
November 5, 1996.

Summary Dispositions November 5, 1996:

In lieu of granting leave to appeal, the case is remanded to the Oakland Circuit Court for that court to expressly rule on plaintiff’s argument that all or a portion of the attorney fees should not have been awarded because those attorney fees were incurred in the service of the corporate defendant which was not released from the earlier action and because little or none of the attorney fees were spent for the separate benefit of individual defendant. MCR 7.302(F)(1). The court may determine the issue on the existing record or take additional testimony, in its discretion. The court is also to resolve the issue of fact whether plaintiff’s agreement to dismiss individual defendant from the prior action was induced by assurances that any judgment would be collectible against the corporate defendant. Jurisdiction is retained. Reported below:212 Mich. App. 159.

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