Green v. Wayne Soap Company

I dissent because (1) it is my understanding of both the practice and of the sense of the court rules that, as held in Caughey v. Rosycki (1970), 22 Mich App 317, 321, general housecleaning no progress dismissals do not operate as an adjudication upon the merits and, accordingly, the doctrine of res judicata does not block reinstitution of an action dismissed for “no progress”; and (2) the judges of the Common Pleas Court have indicated that their understanding of their no-progress orders of dismissal is that they are without prejudice to reinstitution of the action.

At issue is only the…