LOUIS DUPREE V STATE FARM MUTUAL
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STATE OF MICHIGAN
COURT OF APPEALS
JAMES MCCARTHY, Conservator of the Estate of
LOUIS DUPREE,
UNPUBLISHED
Plaintiff-Appellee,
v
No. 189268
Wayne Circuit
LC No. 92-234926-NF
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant-Appellant.
Before: Holbrook, Jr., P.J. and White and R. J. Danhof,* JJ.
White, J. (concurring in part and dissenting in part)
The trial court found that “at least with a portion of [plaintiff’s claim], it was not a bona fide
dispute.”
Having in mind that defendant did not pay one of the bills until shortly before trial and
that the jury awarded one hundred percent of another bill, I conclude that this determination was not
clearly erroneous. I conclude, however, that the court abused its discretion in determining1 the amount
of the fee. Considering the results obtained, the fee was excessive.2
I would remand with instructions to reconsider the amount of the fee.
/s/ Helene N. White
1
It is unclear from the record whether the court actually set the figure.
2
Counsel submitted a bill documenting a total of 289.72 hours and claiming an hourly rate of $190.
The court reduced the hourly rate to $125 per hour, as it had with defense counsel’s bill in awarding
* Former Court of Appeals judge, sitting on the Court of Appeals by assignment.
-1
mediation sanctions. The order granting no-fault attorney fees awarded $35,922.50, corresponding to
287.38 hours, just 2.34 hours less than the total hours claimed.
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