ERNEST I YOUNG V SAULT STE MARIE TRIBE
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STATE OF MICHIGAN
COURT OF APPEALS
ERNEST I. YOUNG and SSP, INC.,
UNPUBLISHED
February 12, 2004
Plaintiffs-Appellees,
v
SAULT STE MARIE TRIBE OF CHIPPEWA
INDIANS, d/b/a SAULT STE MARIE
ECONOMIC DEVELOPMENT COMMISSION,
No. 244434
Oakland Circuit Court
LC No. 98-003943-CZ
Defendant-Appellant,
and
SPECIAL PLASTIC PRODUCTS
ENGINEERING, LLC,
Defendant.
Before: Fort Hood, P.J., and Bandstra and Meter, JJ.
BANDSTRA, J. (dissenting).
I respectfully dissent. I do so reluctantly because it seems likely that defendant-appellant
filed its petition for writ of certiorari in the U.S. Supreme Court, not on the merits, but merely to
secure application of the statutory amendment and the resulting lower interest rate on plaintiffs’
judgment. Nonetheless, the language of the statute allowed that course of action. Until the U.S.
Supreme Court denied the petition, the judgment was “not . . . nonappealable” (i.e., it was
appealable), as those words are commonly understood. MCL 600.6013(6). Under MCL
600.6013(6), therefore, the judgment was subject to the lower interest rate afforded by MCL
600.6013(8) and the lower court erred in awarding interest at the higher rate specified in MCL
600.6013(5).
/s/ Richard A. Bandstra
-1-
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