Potter v. McLeary
Decision Date | 24 October 2007 |
Docket Number | Docket Nos. 133867, 133868. COA Nos. 262529, 263538. |
Citation | 480 Mich. 915,739 N.W.2d 866 |
Parties | Brian POTTER, Plaintiff-Appellant, v. Richard C. McLEARY, M.D., Gary Augustyn, M.D., and St. Joseph Mercy Hospital Ann Arbor, d/b/a Trinity Health-Michigan, Defendants, and Robert Domeier, D.O., Emergency Physicians Medical Group, P.C., Kristyn H. Murry, M.D., and Huron Valley Radiology, P.C., Defendants-Appellees. |
Court | Michigan Supreme Court |
739 N.W.2d 866
480 Mich. 915
Brian POTTER, Plaintiff-Appellant, v. Richard C. McLEARY, M.D., Gary Augustyn, M.D., and St. Joseph Mercy Hospital Ann Arbor, d/b/a Trinity Health-Michigan, Defendants, and Robert Domeier, D.O., Emergency Physicians Medical Group, P.C., Kristyn H. Murry, M.D., and Huron Valley Radiology, P.C., Defendants-Appellees.
Docket Nos. 133867, 133868. COA Nos. 262529, 263538.
Supreme Court of Michigan.
October 24, 2007.
On order of the Court, the application for leave to appeal the February 6, 2007 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE the portion of the judgment of the Court of Appeals dismissing the complaint with prejudice, because the dismissal should have been without prejudice as to the affidavit of merit issue. See Kirkaldy v. Rim, 478 Mich. 581, 734 N.W.2d 201 (2007). Accordingly, we REMAND this case to the Court of Appeals for consideration of the defendants' other issues that were not addressed in its opinion. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.
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Maloy v. St. John Detroit Riverview Hospital, Docket No. 134099. COA No. 273292.
- United States
- Supreme Court of Michigan
- 24 d3 Outubro d3 2007