Cook v. Haynes

The pertinent facts in this dispute are succinctly stated in our brother’s opinion. Further amplification at this point is unnecessary. We write to state the reasons for which we would reverse the court below.

It is clear from case law that the failure of an attorney to appear after due notice has been given is sufficient grounds for involuntary nonsuit, and that the purpose of permitting a court to dismiss a case on such grounds is to foster judicial control over the docket. Cavataio v City-Wide Cleaners and Dryers, Inc, 23 Mich App 419, 422; 178 NW2d 831 (1970), lv den 383 Mich 806 (1970).…