in Re Attorney Fees of John W Ujlaky

STATE OF MICHIGAN COURT OF APPEALS

In re ATTORNEY FEES OF JOHN W. UJLAKY PEOPLE OF MICHIGAN, UNPUBLISHED

April 27, 2017 Plaintiff, v No. 331067

Berrien Circuit Court THEODORE ONTONIO PRICE, LC No. 2013-004730-FC

Defendant, and JOHN W. UJLAKY

Appellant.

Before: BECKERING, P.J., and MARKEY and SHAPIRO, JJ.

SHAPIRO, J. (dissenting).

I respectfully dissent. In In re Attorney Fees of Ujlaky, 498 Mich 890; 869 NW2d 624 (2015), the Supreme Court directed that when presented with a motion for extraordinary appellate attorney fees in excess of the county’s maximum, the trial court is required to “either award the requested fees, or articulate on the record its basis for concluding that such fees are not reasonable.” In this case, while the trial court did award appellant some additional fees above the county’s maximum, it did not award him the full amount of fees requested nor did it articulate in its opinion, or elsewhere in the record, its basis for concluding that the full amount of fees requested was not reasonable. Therefore, I would remand this case to the trial court for it to either award appellant the full amount of fees requested or articulate on the record, its basis for concluding that the amount requested is not reasonable.

/s/ Douglas B. Shapiro