Goodrich Theaters, Inc. v. WARNER BROS. DISTRIBUTING CORP.

Does GCR 1963, 111.6 allow an award of actual attorney fees where, after extensive discovery and trial preparation, plaintiffs action is voluntarily dismissed with prejudice? January 28, 1980, the respected trial court answered this question in the affirmative and awarded defendantsappellees $7,360 in attorney fees. On May 6, 1980, this Court issued its opinion in Reppuhn v Abell, 97 Mich App 407; 296 NW2d 44 (1980), holding that recovery of attorney fees pursuant to GCR 1963, 111.6 is not permitted where a case has been dismissed prior to trial.

Plaintiff, Goodrich Theaters, Inc., is a motion…