COOK v. HAYNES

Docket No. 78-3507.

92 Mich. App. 288 (1979)

284 N.W.2d 479

COOK v. HAYNES

Michigan Court of Appeals.

Decided September 5, 1979.


Attorney(s) appearing for the Case

Smith & Brooker, P.C. (by Michael J. Huffman), for plaintiffs.

Biringer, Jacox & Hutchinson, P.C., for defendants Hudson.

Before: M.F. CAVANAGH, P.J., and R.M. MAHER and W. VAN VALKENBURG, JJ.


M.F. CAVANAGH, P.J.

The pertinent facts in this dispute are succinctly stated in our brother's opinion. Further amplification at this point is unnecessary. We write to state the reasons for which we would reverse the court below.

It is clear from case law that the failure of an attorney to appear after due notice has been given is sufficient grounds for involuntary nonsuit, and that the purpose of permitting a court to dismiss a case on such grounds is to...

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