Haliw v. City of Sterling Heights

At issue in this case is whether appellate attorney fees and costs are recoverable as case evaluation sanctions under MCR 2.403(0). We hold that “actual costs” pursuant to MCR 2.403(0) do not include appellate attorney fees and costs. Because the Court of Appeals held to the contrary, we reverse its decision, reinstate the trial court’s award, and remand the case to the Court of Appeals for consideration of plaintiffs’ cross-appeal.

I. FACTS AND PROCEEDINGS

Plaintiff Valeria Haliw was walking on a snow-covered sidewalk when she slipped and fell on a patch of ice that formed in a depressed area…