Dayton Mall Motor Inn v. Honeywell, Inc , 132 Mich. App. 174 ( 1984 )

Cynar, P.J.

(concurring). My decision to reverse in this case is based primarily on the untimeliness of the motion to dismiss. This action was commenced on June 11, 1976. The trial was scheduled for September 18, 1981, January 4, 1982, March 15, 1982, March 17, 1982, and May 17, 1982.

Defendant Honeywell filed its motion for dismissal based on forum non conveniens on May 13, 1982. The motion was heard and granted on May 17, 1982. The order of dismissal was not entered until October 15, 1982. The appeal was filed on November 3, 1982.

At this point in time, this case is over seven and one-half years old. If plaintiffs start a lawsuit in Ohio, the litigation could age several more years before coming up for trial. A decade of litigation on this matter is much too long.