Mango v. Plymouth Township Board of Trustees

I would affirm the action of the trial court in granting the motion for accelerated judgment.

The record discloses the plaintiffs in a 1967 action had filed a complaint in two counts. Count II of the 1967 action made essentially the same claim as is stated in the instant suit. Subsequently, at the pretrial conference in the prior action the plaintiffs abandoned count II and they now seek to relitigate that claim.

The majority states that defendants’ failure to object to the abandonment of count II waived their right to object to the current action, GrCR 1963, 203.1. In my opinion GrCR 1963,…