Burns v. Cowan's Friendly Service

Per Curiam. Defendant Mobil Oil Corporation sought summary judgment pursuant to GCR 1963, [372] 117.2(1). From the record, it is obvious that the parties and the court proceeded as though the motion had been brought under GCR 1963, 117.2(3). The trial court’s grant of defendant’s motion must be reversed pursuant to Fecteau v Wolco Homes, Inc, 385 Mich 763 (1971), reversing 32 Mich App 21 (1971). Reversed and remanded.