557 N.W.2d 310
NO. 104939.Supreme Court of Michigan.
November 26, 1996.
Summary Dispositions November 26, 1996:
In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed, the Wayne Circuit Court’s order defaulting the defendant is vacated, and the case is remanded to the Wayne Circuit Court for further proceedings consistent with this order. MCR 7.302(F)(1). Under the particular circumstances of this case, a less drastic sanction would better serve the interests of justice. On remand, the trial court has discretion to assess lesser sanctions including but not limited to costs and attorneys fees, mistrial, and/or exclusion of evidence including the silver stain test. Jurisdiction is not retained.
Court of Appeals No. 166473.