FRANK WILLIAMS V JOSEPH RITTER
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STATE OF MICHIGAN
COURT OF APPEALS
FRANK WILLIAMS,
UNPUBLISHED
June 7, 2002
Plaintiff-Appellee,
v
No. 223192
Cass Circuit Court
LC No. 93-000354-CZ
JOSEPH RITTER and STEVEN BARIL,
Defendant-Appellants.
AFTER REMAND
Before: Neff, P.J., and Doctoroff and Wilder, JJ.
MEMORANDUM.
This case returns to this Court after remand to the trial court. Defendants appealed as of
right the trial court’s decision denying their request for costs and attorney fees. We remanded
for an explanation concerning its denial so we could determine whether the court’s decision
constituted an abuse of discretion. McKelvie v Mount Clemens, 193 Mich App 81, 84; 483
NW2d 442 (1992).
Upon review of the trial court’s detailed explanation of its decision, we conclude that the
court did not abuse its discretion. The court determined that plaintiff had a viable claim against
defendant Ritter, and defendants’ contention that the claim was frivolous was without merit. The
court also rejected defendants’ argument that plaintiff should pay defendants’ costs and attorney
fees because defendant Ritter had to pay costs to plaintiff. We find no evidence of perversity of
will, defiance of judgment, or exercise of passion or bias in the court’s decision, Alken-Ziegler v
Waterbury Headers Corp, 461 Mich 219, 227; 600 NW2d 638 (1999), and conclude that the
court properly acted within its discretion when it denied defendants’ request for costs and
attorney fees.
Affirmed.
/s/ Janet T. Neff
/s/ Martin M. Doctoroff
/s/ Kurtis T. Wilder
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