Fayson v. Taylor, 63587
| Decision Date | 07 December 1979 |
| Docket Number | No. 63587,63587 |
| Citation | 407 Mich. 933,285 N.W.2d 660 |
| Parties | Ethel M. FAYSON, Individually and as Guardian of the Estate of Wallace Fayson, a Mentally Incompetent, Plaintiff-Appellant, v. Dr. Robert TAYLOR and Dr. Victor W. Kershul, Defendants-Appellees. 407 Mich. 933, 285 N.W.2d 660 |
| Court | Michigan Supreme Court |
ORDER
On order of the Court, the application for leave to appeal is considered and, pursuant to GCR 1963, 853.2(4), in lieu of granting leave to appeal, we REVERSE the judgments of the Court of Appeals and the circuit court and REMAND to the Saginaw Circuit Court for further proceedings. On this record, it was an abuse of discretion to dismiss the plaintiff-appellant's claims against the defendants-appellees.
We dissent for the reason that there was no abuse of discretion in the trial judge's decision to dismiss the complaint. See GCR 1963, 313.4.
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