MARVIN A HAUPT V HERITAGE INVESTMENT COAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
MARVIN A. HAUPT,
July 24, 1998
Wayne Circuit Court
LC No. 93-320151 CK
HERITAGE INVESTMENT CO. and
CHARLES D.G. WICKINS,
Before: Sawyer, P.J., and Kelly and Smolenski, JJ.
Plaintiff’s complaint alleging breach of contract and defendants’ countersuit for contribution
arising from nonpayment of a promissory note were scheduled for trial in May, 1995. Because
plaintiff’s attorney failed to appear on the date that the trial was scheduled to begin, the court entered an
order dismissing plaintiff’s complaint with prejudice and granting a default judgment to defendants on
their countercomplaint. Plaintiff appeals as of right from the subsequent order denying his motion to set
aside the dismissal and default judgment. We affirm.
In his brief on appeal, plaintiff has not addressed the basis of the trial court’s decisions granting
a default judgment, dismissing plaintiff’s complaint, and refusing to set aside either one of those rulings.
Therefore, this Court need not even consider granting plaintiff the relief he seeks. Joerger v Gordon
Food Service, Inc, 224 Mich App 167, 175; 568 NW2d 365 (1997); Roberts & Son Contracting,
Inc v North Oakland Development Corp, 163 Mich App 109, 113; 413 NW2d 744 (1987).
Moreover, plaintiff has not provided to this Court, transcripts from the May 17, 1995, hearing and has
failed to demonstrate diligence in attempting to comply with the requirements of MCR 7.210(B). This
Court will refuse to consider issues for which the appellant failed to produce the transcript. Myers v
Jarnac, 189 Mich App 436, 444; 474 NW2d 302 (1991). Under the circumstances, plaintiff h
failed to perfect and present the issues for appellate review.
/s/ David H. Sawyer
/s/ Michael J. Kelly
/s/ Michael R. Smolenski