DETROIT – Businessman Robert Carmack was supposed to face Detroit Mayor Mike Duggan in court Thursday but the mayor did not show up.
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In his place was a lengthy legal challenge from Detroit attorney's aiming to keep Duggan off the witness stand.
The court filing said there is no reason Duggan should testify in Carmack's case and that the businessman and his attorney should be fined for serving the lawsuit on the mayor.
The judge said she would take a closer look at the situation before deciding if Duggan will have to take the stand or not.
"I don't care who anyone is. If it is the mayor, if I decide the subpoena should stand, it will stand. I don't care. He can be mad. That is not my responsibility," Judge Cylenthia Miller said.
Her decision whether Duggan will take the stand or not will come after a hearing on March 13.
Carmack is accused of selling land he did not own for $1 million.
Wayne County Prosecutor Kym Worthy recused herself from the case.