# Borsuk v. Wheeler

> Michigan Court of Appeals · April 2, 1984 · 133 Mich. App. 403

URL: https://www.frixlaw.com/law-library/cases/9686518

## Case

- **Full name:** Borsuk v. Wheeler
- **Court:** Michigan Court of Appeals
- **Decided:** April 2, 1984
- **Citations:** 133 Mich. App. 403; 349 N.W.2d 522
- **Precedential status:** Published
- **Opinion:** Concurrence by Kelly
- **Judges:** Kelly, Hood, Shepherd
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9686518

## Opinion text

• M. J. Kelly, P.J.
(concurring). I concur in the result.
I note the majority refers uncritically to the trial judge’s citation as fact "that Michigan is a notice-pleading state”. I am of the impression that Michigan is a fact-pleading state and the federal courts are notice-pleading forums. See the author’s comments to Rule 111, 1 Honigman & Hawkins, Michigan Court Rules Annotated (2d ed), pp 194-195, where it is stated that although Michigan is primarily concerned with notice it is generally known as a fact-pleading state.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9686518. Public record. Not legal advice.