SUSAN SHIELDS V CURTIS BLESSING

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STATE OF MICHIGAN COURT OF APPEALS SUSAN SHIELDS, UNPUBLISHED November 16, 2006 Plaintiff-Appellee, v No. 262426 Oakland Circuit Court LC No. 2003-053202-NZ CURTIS BLESSING and AMANDA VANDUSEN, Defendants-Appellants. Before: Whitbeck, C.J., and Cavanagh and Schuette, JJ. WHITBECK, C.J. (dissenting). I respectfully dissent. In my view, the majority relies almost entirely upon the selfserving statements of Dr. Brian Schiller to uphold the trial court’s order denying the defendants’ motion for frivolous lawsuit sanctions. These statements, even if accepted as true, go to defendants’ behavior and have little, if any, bearing on whether the plaintiff’s lawsuit was frivolous. I would reverse and remand. /s/ William C. Whitbeck -1-

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