If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN COURT OF APPEALS

STEVEN SCHNEIDER and JULIE ANN UNPUBLISHED SCHNEIDER, May 26, 2022 Plaintiffs-Appellants, v No. 357380 Oakland Circuit Court CITY OF ORCHARD LAKE VILLAGE and LC No. 2018-164868-CH GERRY MCCALLUM, Defendants, and BARTON RACHWAL and ANDREA RACHWAL, Defendants-Appellees.

Before: BORRELLO, P.J., and SHAPIRO and HOOD, JJ.

SHAPIRO, J. (concurring).

I am not convinced that Pransky v Falcon Group, Inc, 311 Mich App 164; 874 NW2d 367 (2015), is wholly controlling as to consent judgments. However, the record in this case indicates that defendants failed to take any action whatsoever to notify plaintiffs that attorney fees were at issue. In addition to not filing a counterclaim, defendants did not file an answer or affirmative defenses and its motion under MCR 2.116(C)(8) made no reference to a request for attorney fees.

Accordingly, I concur.

/s/ Douglas B. Shapiro

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