Heins v. Sutphin

Plaintiffs appeal, by delayed leave granted, an order of the Wayne Circuit Court denying reinstatement of their cause of action which had been dismissed for lack of progress. We adopt the recitation of facts as outlined in the dissent.

Plaintiffs contend the lower court abused its discretion in denying reinstatement. We agree. Even though appellate review is limited to the determination whether there was any justification *564for the lower court’s decision, Heaney v Verson Allsteel Press Co, Inc, 64 Mich App 597; 236 NW2d 155 (1975), we find no rational basis to support the denial of reinstatement.