Gouda v. DETROIT-MACOMB HOSPITALS ASSOCIATION

217 N.W.2d 905, 52 Mich. App. 516, 1974 Mich. App. LEXIS 1064

• Court: Michigan Court of Appeals
• Decided: April 26, 1974
• Docket: Docket 14155
• Status: Published

Opinions

Quinn, J.

By this action, plaintiff sought reinstatement to the medical staff of South Macomb Hospital and money damages allegedly arising from his demotion and later suspension from that staff. After a lengthy trial before the court, without a jury, the trial judge filed extensive findings of fact and conclusions of law as the basis for a judgment in favor of defendants. That judgment entered and plaintiff was assessed $12,000 attorney fees as part of the taxed costs. Plaintiff appeals.

Record review discloses evidentiary support for the trial court’s findings of fact. These findings of fact support the conclusions of law. We find no procedural errors that require reversal. The judgment in favor of defendants is affirmed.

Until granted further authority, a trial court is bound by existing court rules and statutes in awarding attorney fees, State Farm Mutual Auto Insurance Co v Allen, 50 Mich App 71; 212 NW2d 821 (1973). There is no statute or court rule authorizing the contested award of attorney fees in this case.

Affirmed except as to the award of attorney fees. That award is reversed and remanded for taxation of attorney fees pursuant to applicable statutes and court rules. Defendants may recover costs.

O’Hara, J., concurred.