BJ'S & SONS CONSTRUCTION CO INC V TWO SHOE BOXES INC
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STATE OF MICHIGAN
COURT OF APPEALS
BJ'S & SONS CONSTRUCTION COMPANY,
INC.,
FOR PUBLICATION
May 10, 2005
9:20 a.m.
Plaintiff/Counter-DefendantAppellant,
v
No. 250815
Oakland Circuit Court
LC No. 2000-023864-CH
GEORGE VANSICKLE and LINDA
VANSICKLE,
Defendants/CounterPlaintiffs/Cross-DefendantsAppellees,
and
TWO SHOE BOXES, INC.,
Defendant/Cross-Plaintiff-Appellee,
and
ROBERT J. HARVEY and STEPHEN E.
SHEFMAN,
Appellants.
BJ'S & SONS CONSTRUCTION COMPANY,
INC.,
Plaintiff-Appellant,
v
No. 250816
Oakland Circuit Court
LC No. 2000-027305-CH
TWO SHOE BOXES, INC.,
Defendant-Appellee,
Official Reported Version
-1-
and
ROBERT J. HARVEY and STEPHEN E.
SHEFMAN,
Appellants.
Before: Kelly, P. J., and Saad and Smolenski, JJ.
KELLY, P.J. (concurring in part and dissenting in part.)
I concur only in the conclusion that the trial court properly imposed attorney fees and
costs as sanctions in this case. I disagree, however, with retaining jurisdiction after remand as it
is an unnecessary waste of appellate resources. The only issue remaining is the amount of
appellate sanctions to be imposed. The trial court is perfectly capable of conducting an
evidentiary hearing to determine this amount without our oversight, particularly given the care
and attention it has previously given to this matter.
/s/ Kirsten Frank Kelly
-2-
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