VanElsacker v. Erzberger

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, 116.1(5) rather than for summary judgment under GCR 1963, 117.2(1). However, plaintiffs were aware of the basis of defendants’ motion and did not…