JERRY ACCETTURO V CHRIS NORDMAN
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STATE OF MICHIGAN
COURT OF APPEALS
JERRY ACCETURO and KAREN L. PAIGE,
UNPUBLISHED
November 17, 2000
Plaintiffs/CounterdefendantsAppellants/Cross-Appellees,
v
No. 212732
Oakland Circuit Court
LC No. 96-534707-CK
CHRIS NORDMAN,
Defendant/CounterplaintiffAppellee/Cross-Appellant.
Before: Hoekstra, P.J., and Cavanagh and White, JJ.
WHITE, J. (concurring in part and dissenting in part).
I join in the majority opinion with respect to the appeal. I dissent from the disposition of
the cross-appeal. I would remand with instructions to consider the question of mediation
sanctions in accordance with MCR 2.403(O)(5).
At the beginning of trial, defendant conceded that he could not assert a lien based on the
costs of the contract extras, and the trial court granted plaintiffs relief on their claim for discharge
of the lien. That relief was embodied in a partial judgment entered two months later. I do not
agree with the majority that this relief was not part of the “verdict” as defined by MCR
2.403(O)(2), and conclude that the trial court did not err in considering this aspect of the total
relief granted in the case when considering mediation sanctions. However, the trial court should
have considered defendant’s request for mediation sanctions under MCR 2.403(O)(5). Under
that section, the court was obliged to take into consideration that plaintiffs secured a discharge of
the lien without regard to whether they owed defendant money, but were also required to pay
defendant over $42,000, and then determine whether the total verdict was less favorable to
plaintiffs than the mediation evaluation, and whether it is fair to award costs under all the
circumstances. Rather than remand with instructions to calculate and impose sanctions, I would
remand for reconsideration of the mediation sanctions issue under MCR 2.403(O)(5).
/s/ Helene N. White
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