Gibeault v. City of Highland Park
| Decision Date | 22 April 1974 |
| Docket Number | No. 55485,55485 |
| Citation | 391 Mich. 814,217 N.W.2d 99 |
| Parties | Gean GIBEAULT, Plaintiff-Appellee, v. CITY OF HIGHLAND PARK, a Municipal Corporation, Defendant-Appellant. 391 Mich. 814, 217 N.W.2d 99 |
| Court | Michigan Supreme Court |
Before the Entire Bench.
The City of Highland Park seeks leave to appeal claiming that the Court of Appeals improperly held that an award of damages in excess of the amount requested in the ad damnum clause was permissible under GCR 1963, 518.3. The City relies on the dictum of this Court in Phillips v. Rolston,376 Mich. 264, 137 N.W.2d 158 (1965), where no reference was made to GCR 1963, 518.3, which, in pertinent part reads: 'Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings.'
We adopt the opinion of the Court of Appeals (49 Mich.App. 736, 212 N.W.2d 818) concerning this issue and affirm.
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...to amend the ad damnum clause of his complaint to conform with the amount of damages ultimately awarded. In Gibeault v. Highland Park, 391 Mich. 814, 217 N.W.2d 99 (1974), this Court adopted the analysis of the Court of Appeals in Gibeault v. Highland Park, 49 Mich.App. 736, 738-741, 212 N.......
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