J D Candler Roofing Co. v. Dickson

Plaintiff, J. D. Candler Roofing Comp&ny, Inc., appeals as of right from the May 6, *5951985, order of the Oakland County Circuit Court, which dismissed Candler’s suit with prejudice pursuant to MCR 2.116(C)(6) because there was a prior action pending in the Wayne County Circuit Court between the same parties involving the same claims. On appeal, Candler asserts that neither the parties nor the issues are identical, and that defendant, Stanley B. Dickson, Jr., has waived abatement of the Oakland County Circuit Court action.

On April 1, 1984, Dickson and Thomas Pomarolli purchased commercial…