Reppuhn v. Abell

The principal issue raised by this appeal is whether GCR 1963, 111.6 allows for the recovery of reasonable attorney fees where an action has been dismissed prior to trial.

This matter resulted from a libel action initiated by plaintiff against defendants. Prior to trial, the parties filed a stipulation to dismiss "with costs to be taxed against the Plaintiff”. In accordance with the stipulation, the court issued an order of dismissal which incorporated the above-quoted language.

Defendants subsequently filed a motion to tax costs and actual attorney fees. Defendants based their request for…