Michigan Compiled Laws

Mich. Comp. Laws § 600.2445 (2026)

Costs on appeal to circuit court, court of appeals, or supreme court; damages for delay and vexation.

✓ current as of July 2026

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.2445 Costs on appeal to circuit court, court of appeals, or supreme court; damages for delay and vexation.

Sec. 2445.

(1) Costs on appeal to the circuit court, the court of appeals, or to the supreme court shall be awarded in the discretion of the court.

(2) The appellant may be awarded the costs on appeal if he improves his position on appeal.

(3) The appellee may be awarded damages for the delay and vexation caused by the appeal, to be assessed in the discretion of the court, in addition to costs on appeal, if the appellant does not improve his position on appeal.

(4) Costs in the court below may be awarded to the party who ultimately prevails in the case.

History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975

Notes of Decisions

Cited in 26 cases (1 in the last 5 years), 1967–2023 · leading case: Edge v. Edge, 829 N.W.2d 276 (Mich. Ct. App. 2012).

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Edge v. Edge, 829 N.W.2d 276 (Mich. Ct. App. 2012). · cites it 8× “216(C) or MCL 600.2445. Rather, plaintiff *124 moved the circuit court for attorney fees and costs incurred in the appeal, citing MCR 2.”

Mason v. City of Menominee, 766 N.W.2d 888 (Mich. Ct. App. 2009). · cites it 6× “" *893 Plaintiffs also argue that they were entitled to costs under MCL 600.2445(4) because they "ultimately prevailed" in this action.”

Fette v. Peters Constr. Co, 871 N.W.2d 877 (Mich. Ct. App. 2015). “216(C), and MCL 600.2445. Id. at 132, citing DeWald, 180 Mich App at 699-700.”

Kernen v. Homestead Dev. Co., 653 N.W.2d 634 (Mich. Ct. App. 2002). “*691 The trial court denied the defendant’s motion for costs under MCL 600.2445 and MCR 7.101. However, pursuant to MCL 600.”

DeWald v. Isola, 470 N.W.2d 505 (Mich. Ct. App. 1991). · cites it 2× “219 sets forth the costs that the prevailing party on appeal may properly tax. Significantly, these taxable costs do not include attorney fees.”

Temborius v. Slatkin, 403 N.W.2d 821 (Mich. Ct. App. 1986). “, MCL 600.2445; MSA 27A.2445; see also MCR 7.”

In Re Greening Est., 155 N.W.2d 696 (Mich. Ct. App. 1967). · cites it 2× “August 2, 1966, appellee renoticed such order for settlement August 11, 1966, and noticed for hearing the same date a petition for damages for delay and vexation caused by the appeal pursuant to PA 1961, No 236, § 2445(3) (CLS 1961, § 600.2445[3] [Stat Ann 1962 Rev § 27A.2445…”

Meklir v. Bigham, 383 N.W.2d 95 (Mich. Ct. App. 1985). “*721 We do not find this appeal to be frivolous or vexatious and we decline to award defendant attorney fees and costs under MCL 600.2445; MSA 27A.2445. Affirmed. Cost to appellee.”

Coblentz v. City of Novi, 723 N.W.2d 206 (Mich. 2006). “See MCL 600.2445(2). We further conclude that the defendant’s motion for review of taxation of costs constitutes a vexatious proceeding under MCR 7.”

McMillan v. Auto Club Ins. Ass'n, 199 Mich. App. 173 (Mich. Ct. App. 1993). · cites it 2× “The Clerk further stated that it did not have the authority to rule on acia’s objections, but that such objections could be raised by filing a motion with this Court pursuant to MCR 7.”

Griffin v. Grassley, 155 N.W.2d 696 (Mich. Ct. App. 1967). · cites it 2× “August 2, 1966, appellee renoticed such order for settlement August 11, 1966, and noticed for hearing the same date a petition for damages for delay and vexation caused by the appeal pursuant to PA 1961, No 236, § 2445(3) (CLS 1961, § 600.2445[3] [Stat Ann 1962 Rev § 27A.2445…”

Mullally v. Trenton Bd. of Educ., 164 N.W.2d 742 (Mich. Ct. App. 1968). “5 CLS 1961, § 600.2445 (Stat Ann 1962 Rev § 27A.2445[3]), GCB 1963, 816.”

Show all 26 citing cases →

— Mich. Comp. Laws § 600.2445(1) — 4 cases

Edge v. Edge, 829 N.W.2d 276 (Mich. Ct. App. 2012). “216(C) or MCL 600.2445. Rather, plaintiff *124 moved the circuit court for attorney fees and costs incurred in the appeal, citing MCR 2.”

McMillan v. Auto Club Ins. Ass'n, 199 Mich. App. 173 (Mich. Ct. App. 1993). “The Clerk further stated that it did not have the authority to rule on acia’s objections, but that such objections could be raised by filing a motion with this Court pursuant to MCR 7.”

Impact Promotions, Inc. v. Dep't of Treasury, 305 N.W.2d 253 (Mich. Ct. App. 1981).

Imperial Kosher Catering Co. v. Travelers Indem. Co., 236 N.W.2d 571 (Mich. Ct. App. 1975).

— Mich. Comp. Laws § 600.2445(2) — 6 cases

Edge v. Edge, 829 N.W.2d 276 (Mich. Ct. App. 2012). “216(C) or MCL 600.2445. Rather, plaintiff *124 moved the circuit court for attorney fees and costs incurred in the appeal, citing MCR 2.”

Robert Reeves v. Attorney Grievance Comm'n (Mich. 2014).

Allan Falk v. Attorney Grievance Comm'n (Mich. 2015).

— Mich. Comp. Laws § 600.2445(3) — 4 cases

Edge v. Edge, 829 N.W.2d 276 (Mich. Ct. App. 2012). “216(C) or MCL 600.2445. Rather, plaintiff *124 moved the circuit court for attorney fees and costs incurred in the appeal, citing MCR 2.”

Bob Woodward v. Christopher Schwartz (Mich. Ct. App. 2018).

Gary a Hroba v. Brenda Hunt (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 600.2445(4) — 1 case

Mason v. City of Menominee, 766 N.W.2d 888 (Mich. Ct. App. 2009). “" *893 Plaintiffs also argue that they were entitled to costs under MCL 600.2445(4) because they "ultimately prevailed" in this action.”

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