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Pirgu v. United Servs. Auto. Ass'n

Supreme Court of Michigan

July 2, 2015

LINDITA PIRGU, Guardian and Conservator of the Estate of FERIDON PIRGU, a Legally Incapacitated Person, Plaintiff-Appellant,
v.
UNITED SERVICES AUTOMOBILE ASSOCIATION, d/b/a USAA INSURANCE AGENCY, INC., Defendant-Appellee

COA: 314523. Oakland CC: 2011-119378-NI.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.

ORDER

On order of the Court, the application for leave to appeal the December 16, 2014 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.302(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing whether: (1) the determination of reasonable attorney fees under MCL 500.3148(1) is governed by Smith v Khouri, 481 Mich. 519; 751 N.W.2d 472 (2008), and/or Wood v DAIIE, 413 Mich. 573, 321 N.W.2d 653 (1982), and (2) the Oakland Circuit Court abused its discretion in calculating the attorney fees due the plaintiff. The parties should not submit mere restatements of their application papers.


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