Taylor v. Anesthesia Associates of Muskegon, PC

Plaintiffs appeal from an order taxing costs in favor of defendants as a mediation sanction pursuant to MCR 2.403(0). In their appeal, plaintiffs challenge two specific aspects of the order: (1) the award of attorney fees incurred by defendants for services from the time of the mediation hearing until the expiration of the twenty-eight-day period provided in MCR 2.403(L) for acceptance or rejection of the mediation evaluation, and (2) an award for expenses incurred by defendants for preparation of trial exhibits. We find merit in both issues and reverse.

By rejecting the mediation evaluation,…