Penny v. ABA Pharmaceutical Co

In Penny v. ABA Pharmaceutical Co (On Remand), 203 Mich App 178, 181; 511 NW2d 896 (1993), one of the corporate defendants was not served with process, yet the defendant's attorney was appointed to the steering committee set up by the defendants to facilitate their defenses and communication among the parties, was present and participated in special motion days set by the trial court, and sent a letter to the plaintiff's counsel that enclosed an order granting an extension for answering interrogatories. Penny, supra at 182. The Court found that these actions indicated that the defendant was aware of the action against it, had retained attorneys who participated in the proceedings, and that the attorney's actions were sufficient to constitute a general appearance. Id.