MAN LEWIS V DEPT OF CORRECTIONS

Annotate this Case

Download PDF

STATE OF MICHIGAN COURT OF APPEALS MAN LEWIS, JR., UNPUBLISHED December 30, 1997 Plaintiff-Appellant, v No. 197764 Gratiot Circuit Court LC No. 95-003714 CZ DEPARTMENT OF CORRECTIONS, Defendant-Appellee. Before: McDonald, P.J., and Wahls and J. R. Weber*, JJ. MEMORANDUM. On July 10, 1996, the Gratiot Circuit Court entered an order granting plaintiff ’s motion for voluntary dismissal of this civil action. Unfortunately, the circuit court seems to have overlooked the fact that on December 4, 1995, plaintiff withdrew his motion for voluntary dismissal. Contrary to defendant’s argument on appeal, plaintiff ’s request to withdraw his motion for voluntary dismissal was properly captioned in the Gratiot Circuit Court, appears in the lower court file, and does not contain any language suggesting that it is subject to any conditions, such as favorable action on plaintiff ’s motion to amend his complaint. Accordingly, as plaintiff had the right to withdraw his motion for voluntary dismissal in the absence of objection by defendants, no such motion was pending and the circuit court could therefore not properly have granted such a motion. By definition, dismissal of the action at that point was anything but “voluntary” from plaintiff ’s perspective. MCR 2.504(A). Reversed and remanded for further proceedings consistent with this opinion. We do not retain jurisdiction. /s/ Gary R. McDonald /s/ Myron H. Wahls /s/ John R. Weber * Circuit judge, sitting on the Court of Appeals by assignment. -1

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.