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STATE OF MICHIGAN
COURT OF APPEALS


EDWINA DAY, Plaintiff-Appellee, v HME, INC., Defendant-Appellant.

UNPUBLISHED October 25, 2007

No. 269446 Kent Circuit Court LC No. 05-002342-CK

Before: Jansen, P.J., and Fitzgerald and Markey, JJ. PER CURIAM. Defendant appeals as of right the trial court's order denying its motion for attorney fees and costs. We affirm in part, reverse in part, and remand. Defendant employed plaintiff for approximately two years. A provision in defendant's employee handbook, which was given to and acknowledged by plaintiff, stated that any litigation regarding the employment relationship must be brought within six months of termination of employment. On October 28, 2002, plaintiff and another female employee were involved in a verbal altercation. Defendant fired both employees. On March 8, 2005, plaintiff sued defendant, alleging that she had been subject to racial harassment. After all of plaintiff's claims were dismissed by stipulation, defendant filed a motion for attorney fees and costs under MCR 2.114 and MCR 2.625. The trial court denied the motion after finding that none of plaintiff's claims were frivolous. We review a trial court's decision on a motion to impose sanctions under the clearly erroneous standard. Schadewald v Brul

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