Order Michigan Supreme Court
Lansing, Michigan
March 27, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
140150 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
JACOB TRAKHTENBERG, Justices
Plaintiff-Appellant,
v SC: 140150
COA: 285247
Oakland CC: 2008-088401-NM
DEBORAH H. McKELVY,
Defendant-Appellee.
_________________________________________/
By order of April 27, 2010, the application for leave to appeal the October 27,
2009 judgment of the Court of Appeals was held in abeyance pending the decision in
People v Trakhtenberg (Docket Nos. 138875, after remand 143386). On order of the
Court, the case having been decided on December 21, 2012, 493 Mich 38 (2012), the
application is again considered. In People v Trakhtenberg, this Court held that
Trakhtenberg was deprived of his right to the effective assistance of counsel. Given this,
pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the
Oakland Circuit Court’s ruling that the defendant was entitled to summary disposition of
the plaintiff’s legal malpractice claim on a collateral estoppel theory. We further
VACATE the judgment of the Court of Appeals and we REMAND this case to the Court
of Appeals for reconsideration in light of our decision in People v Trakhtenberg.
We do not retain jurisdiction.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
March 27, 2013 _________________________________________
s0320 Clerk
Jackob Trakhtenberg v. Deborah H McKelvy
Combined Opinion