Piatkowski v. Mok

29 Mich. App. 426 (1971)

185 N.W.2d 413

PIATKOWSKI

v.

MOK

Docket No. 7142.

Michigan Court of Appeals.

Decided January 18, 1971.

Zeff & Zeff, for plaintiffs.

Markle & Markle, for defendant.

Before: R.B. BURNS, P.J., and LEVIN and CHURCHILL,[*] JJ.

R.B. BURNS, P.J.

Although I am in complete agreement with Judge CHURCHILL'S decision to remand this case to the trial court, I must take issue with his construction of GCR 1963, 518.3. Judge CHURCHILL concedes that his interpretation is contrary to that adopted by the Federal courts in their analysis of rule 54(c) of the Federal Rules of Civil Procedure.[1] His…