Kuikstra v. Cheers Good Time Saloons, Inc

Plaintiffs appeal, and defendant Cheers Good Time Saloons, Inc., cross appeals, a circuit court order which both denied Cheers’ motion to set aside a default taken by plaintiffs and dismissed plaintiffs’ complaint. At the hearing on Cheers’ motion to set aside the default, the circuit court found that Cheers had not shown "excusable neglect” in failing to respond to plaintiffs’ summons and complaint within the time provided by the court rules. However, the court also determined that plaintiffs did not state a cause of action under the dramshop act, and dismissed their complaint with prejudice…