Boland v. C D Barnes Associates, Inc.

Plaintiff sought damages against defendants for allegedly improper filing and perfecting of mechanics’ liens. The trial court granted defendants’ motion for an accelerated judgment based upon a consent judgment taken in a prior action between the parties arising out of the same transaction which barred the present suit. GCR 1963, 116.1(5).

Essentially, defendants claimed in their motion for accelerated judgment that plaintiff’s 1980 complaint was predicated upon facts that were either litigated or could have been litigated in a 1976 foreclosure action which was dismissed by the parties’…