VanELSACKER v. ERZBERGER

Docket No. 72197.

137 Mich. App. 552 (1984)

VanELSACKER v. ERZBERGER

Michigan Court of Appeals.

Decided September 17, 1984.


Attorney(s) appearing for the Case

LeMire Law Office (by Robert E. LeMire, Jr.), for plaintiffs.

Butch, Quinn, Rosemurgy, Jardis & Valkanoff, P.C. (by Terry F. Burkhart), for defendants.

Before: MacKENZIE, P.J., and J.H. GILLIS and J. SULLIVAN, JJ.


MacKENZIE, P.J.

Plaintiffs appeal as of right from an order of the circuit court granting defendants' motion for summary judgment under GCR 1963, 117.2(1). We first note that defendants' motion was based on the contention that plaintiffs' suit was barred by a prior judgment, and defendants' motion referred the trial court to the pleadings of record in that previous action. Therefore, defendants' motion should have been one for accelerated judgment under GCR 1963,...

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