MARY G MCCORMICK V EDWARD J MCCORMICK
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STATE OF MICHIGAN
COURT OF APPEALS
MARY G. McCORMICK,
UNPUBLISHED
May 24, 2002
Plaintiff/CounterdefendantAppellant,
v
ERIC A. BRAVERMAN, Personal Representative
of the Estate of EDWARD J. McCORMICK,
Deceased,
No. 222415
Wayne Circuit Court
Family Division
LC No. 84-422014-DO
Defendant/CounterplaintiffAppellee.
Before: Smolenski, P.J., and Neff and White, JJ.
WHITE, J. (concurring in part and dissenting in part).
I join in the majority’s affirmance with respect to all issues except the award of attorney
fees. The executor sought attorney fees in a post-trial motion, plaintiff objected on several
grounds, including that each party should bear their own expense, that the fees covered other
cases including the probate proceedings and a quiet title proceeding, and that the submission
lacked the required specificity. The trial court granted the full attorney fee without comment,
presumably because the court determined that the proceedings were necessitated by plaintiff’s
conduct. However, the erroneous removal to probate court, reversed by McCormick II, was done
on the circuit court’s own motion. Thus, it was not plaintiff’s conduct that necessitated the
duplicate proceedings. Further, the McCormick II panel awarded no costs or fees to either party.
I would vacate the award of attorney fees and remand for reconsideration and a statement of
reasons addressing each component of the attorney fees requested.
/s/ Helene N. White
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