DAVID TESHUBA V NABIL AL-CHAIB
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STATE OF MICHIGAN
COURT OF APPEALS
DAVID TESHUBA,
UNPUBLISHED
April 25, 2000
Plaintiff-Appellant,
v
No. 209717
Wayne Circuit Court
LC No. 95-534546-NI
NABIL AL-CHAIB,
Defendant-Appellee.
Before: Kelly, P.J., and Holbrook, Jr., and Griffin, JJ.
MEMORANDUM.
Plaintiff appeals as of right from a circuit court order dismissing his case with prejudice for lack
of progress. We reverse.
The trial court lacked the authority to dismiss the case for lack of progress where the case was
scheduled for a settlement conference. MCR 2.502(A)(2)(b). Moreover, the case had been stayed
pending resolution of a related matter that had been submitted to arbitration. Even if the court had the
authority to dismiss the case for lack of progress, it failed to give the requisite twenty-eight days’ notice
required by MCR 2.501(C); MCR 2.502(A)(3). Dismissal is improper where the required notice is not
given. Vicenio v Ramirez, 211 Mich App 501, 504; 536 NW2d 280 (1995); Flack v Waite, 18
Mich App 339, 340; 170 NW2d 922 (1969).
Reversed.
/s/ Michael J. Kelly
/s/ Donald E. Holbrook, Jr.
/s/ Richard Allen Griffin
-1
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