BRUCE LINDSTROM V ROYAL SCOT LANES

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STATE OF MICHIGAN COURT OF APPEALS BRUCE LINDSTROM, UNPUBLISHED July 8, 1997 Plaintiff-Appellee, v ROYAL SCOT LANES and MR K ENTERPRISES, INC., No. 192412 Clinton Circuit Court LC No. 94-007372 NO Defendant-Appellants. Before: Saad, P.J., and Hood and McDonald, JJ. MEMORANDUM. Defendants appeal as of right from the circuit court's order denying their motion for attorney fees. We affirm. This case is being decided without oral argument pursuant to MCR 2.714(E). The grant of attorney fees under MCR 2.405(D) should be the rule rather than the exception. Miller v Meijer, Inc, 219 Mich App 476, 480; 556 NW2d 890 (1996); Luidens v 63rd District Court, 219 Mich 24, 31-32; 555 NW2d 709 (1996). A trial court may, however, in the interest of justice, refuse to award an attorney fee under this court rule. MCR 2.405(D)(3). The record in this case supports the trial court's finding that an award of attorney fees would not serve the interest of justice. Accordingly, we find that the trial court properly denied an attorney fee award. Luidens, supra at 35-36. Affirmed. /s/ Henry William Saad /s/ Harold Hood /s/ Gary R. McDonald -1

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