Baumgardner v. Balmer

Defendant appeals as of right from a $500 award, representing attorney fees, in this paternity action. We reverse the award.

ATTORNEY FEES

As a general rule, American courts have refused to allow the recovery of attorney fees either as an element of the costs of a suit or as an item of damages, unless allowance of a fee is expressly authorized by statute or court rule. State Farm Mutual Automobile Ins Co v Allen, 50 Mich App 71, 74; 212 NW2d 821 (1973). See also Matras v Amoco Oil Co, 424 Mich 675, 695; 385 NW2d 586 (1986).

In Michigan, attorney fees may not be recovered as an element of costs…