Dismissal with prejudice due to the plaintiff’s failure to personally appear on a specified date; Interpretation and construction of court rules; Vicencio v. Jaime Ramirez, MD, PC; Whether the trial notice was ambiguous; Alpha Capital Mgmt., Inc. v. Rentenbach; Raska v. Farm Bureau Mut. Ins. Co. of MI; Stone v. Williamson; “Or”; People v. Kowalski; Jesperson v. Auto Club Ins. Ass’n; Caldwell v. Chapman; The “last antecedent” rule of statutory construction; Stanton v. City of Battle Creek; Hardaway v. Wayne Cnty.; Whether the trial court abused its discretion by dismissing the case with prejudice; MCR 2.506(F); Woods v. SLB Prop. Mgmt., LLC

[Unpublished opinion.] The court reversed the circuit court’s order dismissing the case with prejudice, and remanded for further proceedings. Plaintiff is a retired district court judge. “In 2010, he filed two lawsuits challenging defendants’ decision to deny him a duty disability pension. The parties litigated the cases vigorously and aggressively. They fought over discovery and the merits, filing dozens of motions. The circuit court granted summary disposition to plaintiff in one case and to defendants in the other.” The court previously affirmed the grant of summary disposition in one case, reversed it in the other, and remanded for further proceedings. The renewed proceedings commenced in 1/14. In 2/14, the circuit court issued an order setting a trial date in March. “The order directed that certain individuals or their representatives appear personally on the appointed date. Plaintiff failed to personally appear and the circuit court dismissed the case with prejudice.” The court applied the rules of contract construction and interpretation to the interpretation and construction of the court order. It reversed the dismissal for two reasons. “First, the trial notice was ambiguous. Reasonably understood, it required only counsels’ attendance at the trial. Second, even assuming that plaintiff’s failure to appear violated the order, plaintiff’s transgression did not warrant a sanction as severe as dismissal without prejudice.”