Bullock v. Auto. Club of Mich.

i

This is an interlocutory appeal by the defendant from the trial court’s denial of its motion for summary judgment pursuant to GCR 1963, 117.2(3),1 alleging that there is no genuine issue of material fact and that aaa is therefore entitled to judgment as a matter of law.2 The motion was filed before defendant’s answer and before any meaningful discovery.

A motion for summary judgment filed before interrogatories and depositions are taken tests whether a cause of action has been stated, but a motion, filed after depositions and interrogatories, generally tests whether the opposing party’s…