Docket Nos. 100185, 102606.

176 Mich. App. 350 (1989)

439 N.W.2d 378


Michigan Court of Appeals.

Decided April 4, 1989.

Attorney(s) appearing for the Case

Poe & Stanesa (by Jeffrey M. Poe), for plaintiffs.

Kitch, Saurbier, Drutchas, Wagner & Kenney, P.C. (by Susan Healy Zitterman), for defendant.

Before: MAHER, P.J., and CYNAR and GRIFFIN, JJ.


On the first day of trial, March 23, 1987, the trial court dismissed with prejudice plaintiffs' chiropractic malpractice case against defendant due to plaintiffs' inability to proceed with trial. Plaintiffs appeal as of right from the dismissal and a subsequent order granting costs and attorney fees.

A brief history of the events relating to this appeal is as follows:

February 21, 1985 Suit filed...

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