Palen v. Zaremba Equipment, Inc.
Palen v. Zaremba Equipment, Inc.
Opinion of the Court
The plaintiff commenced this action in the Circuit Court in the County of Cheboygan.
After the 60-day period had expired the money had not been paid and the defendants moved to dismiss. The court asked plaintiff’s counsel if the money would be paid and received a negative reply. The case was then dismissed with prejudice and the plaintiff has appealed.
The plaintiff contends that costs were waived because a bill of costs was not presented to the clerk as required by GrCR 1963, 526.10. The portion of the rule relied on by the plaintiff applies only to instances where costs are to be taxed by the clerk. Rule 404 provides that costs shall be taxed by the court. Therefore, the plaintiff’s contention is lacking in merit.
The plaintiff contends that the costs were excessive. This contention lacks merit.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.