Burns v. Cowan's Friendly Service

Michigan Court of Appeals

Burns v. Cowan's Friendly Service

206 N.W.2d 474, 45 Mich. App. 371, 1973 Mich. App. LEXIS 1106

Michigan Court of Appeals·Decided February 26, 1973·No. Docket No. 13814·Published·Cited by 1 cases

Opinion

Per Curiam.

Defendant Mobil Oil Corporation sought summary judgment pursuant to GCR 1963, [372]*372117.2(1). From the record, it is obvious that the parties and the court proceeded as though the motion had been brought under GCR 1963, 117.2(3). The trial court’s grant of defendant’s motion must be reversed pursuant to Fecteau v Wolco Homes, Inc, 385 Mich 763 (1971), reversing 32 Mich App 21 (1971).

Reversed and remanded.

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Per Curiam.

Defendant Mobil Oil Corporation sought summary judgment pursuant to GCR 1963, [372]*372117.2(1). From the record, it is obvious that the parties and the court proceeded as though the motion had been brought under GCR 1963, 117.2(3). The trial court’s grant of defendant’s motion must be reversed pursuant to Fecteau v Wolco Homes, Inc, 385 Mich 763 (1971), reversing 32 Mich App 21 (1971).

Reversed and remanded.

Burns v. Cowan's Friendly Service, 206 N.W.2d 474, 45 Mich. App. 371, 1973 Mich. App. LEXIS 1106 (Mich. Ct. App. 1973).

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Opinion

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