C Steven Schneider v. City of Orchard Lake Village

Michigan Court of Appeals

C Steven Schneider v. City of Orchard Lake Village

DecidedMay 26, 2022

Docket357380

StatusUnpublished

This text of C Steven Schneider v. City of Orchard Lake Village (C Steven Schneider v. City of Orchard Lake Village) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

C Steven Schneider v. City of Orchard Lake Village, (Mich. Ct. App. 2022).

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Opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

STEVEN SCHNEIDER and JULIE ANN UNPUBLISHED SCHNEIDER, May 26, 2022

Plaintiffs-Appellants,

v No. 357380 Oakland Circuit Court CITY OF ORCHARD LAKE VILLAGE and LC No. 2018-164868-CH GERRY MCCALLUM,

Defendants,

and

BARTON RACHWAL and ANDREA RACHWAL,

Defendants-Appellees.

Before: BORRELLO, P.J., and SHAPIRO and HOOD, JJ.

SHAPIRO, J. (concurring).

I am not convinced that Pransky v Falcon Group, Inc, 311 Mich App 164; 874 NW2d 367 (2015), is wholly controlling as to consent judgments. However, the record in this case indicates that defendants failed to take any action whatsoever to notify plaintiffs that attorney fees were at issue. In addition to not filing a counterclaim, defendants did not file an answer or affirmative defenses and its motion under MCR 2.116(C)(8) made no reference to a request for attorney fees. Accordingly, I concur.

/s/ Douglas B. Shapiro

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