Legal Opinion
Caughey v. Rozycki
Michigan Court of Appeals
Decided February 27, 1970No. Docket 7,036PublishedCited by 9 opinions
1Opinion of the CourtLevin, P. J.
The question presented is whether the dismissal of a “no progress” case operates as an adjudication upon the merits and, thus, because of the doctrine of res judicata, blocks reinstitution of the action. We hold that such a dismissal does not operate as a meritorious adjudication, and that suit can be brought again.
Tlie plaintiff coninieucecl an action against the defendant by filing a complaint on June 13,1966; the defendant filed an answer and counterclaim, and the plaintiff replied. That action appeared on the no progress calendar and was dismissed for lack of progress on May 6, 1968.
The…
2Cases cited6 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Rose v. RoseMichigan Court of Appeals · 1968
- People v. NormanMichigan Court of Appeals · 1968
- Covington Mutual Insurance v. CopelandMichigan Supreme Court · 1969
- Hartman v. Roberts-Walby Enterprises, Inc.Michigan Supreme Court · 1968
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- North v. Department of Mental HealthMichigan Supreme Court · 1986
- Carter v. Southeastern Michigan Transportation AuthorityMichigan Court of Appeals · 1984
- Eliason Corp. v. Bureau of Safety & Regulation of the Michigan Department of LaborDistrict Court, W.D. Michigan · 1983
- Wilkie v. Schwan's Sales Enterprises, Inc.District Court, W.D. Michigan · 1982
- Laidler v. NAT'L BANK OF DET.Michigan Court of Appeals · 1984
4 more not listed; retrieve them via the Exa API.