Legal Opinion · Concurring in part, dissenting in part

Minor v. Michigan Education Ass'n

Michigan Court of Appeals

Decided July 11, 1983No. Docket 63896Published

1Concurring in part, dissenting in partMackenzie, P.J.

I do not agree with the majority as to the circumstances in which attorney fees may be awarded for unreasonable allegations and denials. GCR 1963, 111.6 provides:

"If it appears at the trial that any fact alleged or denied by a pleading ought not to have been so alleged or denied and such fact if alleged is not proved or if denied is proved or admitted, the court may, if the allegation or denial is unreasonable, require the party making such allegation or denial to pay to the adverse party the reasonable expenses incurred in proving or preparing to prove or disprove such fact as the case *205may…

2Cases cited3 opinions

  1. Reppuhn v. AbellMichigan Court of Appeals · 1980
  2. Russell v. GlantzMichigan Court of Appeals · 1974
  3. Goodrich Theaters, Inc. v. WARNER BROS. DISTRIBUTING CORP.Michigan Court of Appeals · 1981

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