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Kromat v. Vestevich

Kromat v. Vestevich, 165 N.W.2d 428 (Mich. Ct. App. 1968)
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Court
Michigan Court of Appeals · State Appellate Courts
Decided
November 26, 1968
Docket
No. 4,852
Judges
Per Curiam
Citations
165 N.W.2d 42814 Mich. App. 2911968 Mich. App. LEXIS 906

Opinion — Per Curiam

14 Mich. App. 291 (1968) 165 N.W.2d 428

KROMAT

v.

VESTEVICH Docket No. 4,852.

Michigan Court of Appeals.

Decided November 26, 1968.

Frederick J. Prost, for plaintiff on appeal.

Davidson, Gotshall, Halsey, Kohl, Nelson, Secrest & Wardle, for defendants.

PER CURIAM:

Plaintiff's cause of action was dismissed without prejudice for failure to comply with the court's pretrial statement.

The court's pretrial summary is an important document and as provided in GCR 1963, 301.3, "The summary of results controls the subsequent course of *292 the action unless modified at or before trial to prevent manifest injustice."

GCR 1963, 504.2 states, "For failure of the plaintiff to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against him."

To have any effectiveness in the orderly process of litigation, a pretrial statement, when signed by the judge, must be considered an order of the court. The judge did not abuse his discretion in granting the motion.

Affirmed. Costs to defendants.

FITZGERALD, P.J., and R.B. BURNS and ROBINSON, JJ., concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1968: 11975: 11982: 11983: 11986: 12024: 119682026peak 1968 · 1

Relies on it most ⓘ

  1. Murphy v. Sobel238 N.W.2d 547 (Mich. Ct. App. 1975)
  2. Banaszewski v. Colman345 N.W.2d 647 (Mich. Ct. App. 1983)
  3. Marquette v. Village of Fowlerville318 N.W.2d 618 (Mich. Ct. App. 1982)
  4. Thorne v. Carter385 N.W.2d 738 (Mich. Ct. App. 1986)
  5. Ashley v. St. Joseph Mercy Hospital165 N.W.2d 429 (Mich. Ct. App. 1968)
  6. Rucinski Inc v. Randall H HetznerNo. 367208 (Mich. Ct. App. Oct. 29, 2024)

Most recent

  1. Rucinski Inc v. Randall H HetznerNo. 367208 (Mich. Ct. App. Oct. 29, 2024)
  2. Thorne v. Carter385 N.W.2d 738 (Mich. Ct. App. 1986)
  3. Banaszewski v. Colman345 N.W.2d 647 (Mich. Ct. App. 1983)
  4. Marquette v. Village of Fowlerville318 N.W.2d 618 (Mich. Ct. App. 1982)
  5. Murphy v. Sobel238 N.W.2d 547 (Mich. Ct. App. 1975)
  6. Ashley v. St. Joseph Mercy Hospital165 N.W.2d 429 (Mich. Ct. App. 1968)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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