DAVID TESHUBA V NABIL AL-CHAIB

Annotate this Case

Download PDF

STATE OF MICHIGAN COURT OF APPEALS DAVID TESHUBA, UNPUBLISHED April 25, 2000 Plaintiff-Appellant, v No. 209717 Wayne Circuit Court LC No. 95-534546-NI NABIL AL-CHAIB, Defendant-Appellee.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

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.