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A Better Partnership
August 16, 2013

COA holds that an attorney for a receiver is an aggrieved party who may appeal district court's low fee award

In Abel v. Grossman Investments Co., the Michigan Court of Appeals held that an attorney brought into a case by a receiver may appeal a decision regarding his fee.  The attorney in this case case sought fees that far exceeded the judgment he was trying to help the receiver collect.  The district court awarded him much less than he wanted, and he appealed to the circuit court.  The circuit court dismissed because the attorney was not a party.  

However, the court of appeals found that, due to the lawyer's pecuniary interest in the district court's judgment, he was an aggrieved party with appellate standing.  The court noted that, although the rules for circuit-court appeals were substantially rewritten in 2011, and the old rules applied to this case, the fundamental principles of appellate standing remained unchanged.

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