Buffa v. Dyck

Plaintiffs appeal as of right from an order of summary judgment in favor of defendant. Defendant filed her motion under both GCR 1963, 117.2, subds (1) and (3), and the trial court appeared to decide the motion under GCR 1963, 117.2(1), holding that "no factual development could possibly justify a right to recovery”. In its opinion, however, the trial court relied upon facts developed by the parties on discovery and not alleged in the complaint, an improper basis in deciding a motion for summary judgment under GCR 1963, 117.2(1). Blake v Consolidated R Co, 129 Mich App 535, 543; 342 NW2d 599…