Model Laundries & Dry Cleaners v. Amoco Corp.

I agree with the majority that plaintiffs are not entitled to attorney fees under § 1703(3) of mepa, MCL 324.1703(3); MSA 13A.1703(3). Attorney General v Piller (After Remand), 204 Mich App 228, 232; 514 NW2d 210 (1994).

However, I believe that the trial court abused its discretion in failing to award attorney fees to them under § 20135(5) of mera. MCL 324.20135(5); MSA 13A.20135(5). According to the majority, plaintiffs were solely responsible for the adjournments. The record indicates otherwise.

On July 27, 1990, plaintiffs petitioned the judge to adjourn the mediation and trial. They put…