Loader Leasing Corp. v. Centurion Excavators, Inc.

Defendants appeal by right from an order granting plaintiffs motion to dismiss *512with prejudice an action for claim and delivery. An order granting plaintiff possession of the claimed property pending final judgment had been entered pursuant to GCR 1963, 757.5 prior to the motion to dismiss.

In support of the trial judge’s decision, plaintiff relies heavily on two opinions interpreting Administrative Order 1973-3, 389 Mich xliv (1973), which amended GCR 1963, 757, Bennett v Wright, 79 Mich App 566; 263 NW2d 17 (1977); Detroit & Northern Savings & Loan Ass’n v Woodworth, 54 Mich App 517; 221 NW2d…