Piatkowski v. Mok

Although I am in complete agreement with Judge Churchill’s decision to re*428mand this case to the trial court, I must take issue with his construction of GrCR 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 interpretation is also contrary to the rule’s purpose as envisioned by the Joint Committee on Michigan Procedural Revision. See 2 Honigman & Hawkins, Michigan Court Rules Annotated (2d ed), p 626 (Committee Notes). More importantly Judge Churchill’s…