Order Michigan Supreme Court
Lansing, Michigan
January 25, 2013 Robert P. Young, Jr.,
Chief Justice
145239 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack,
PAUL MARSACK, Justices
Plaintiff-Appellee,
v SC: 145239
COA: 291153
Sanilac CC: 08-032206-NI
CLAUDIA MAEDEL, Personal
Representative of the Estate of LAURA
GABRIEL,
Defendant-Appellant,
and
HASTINGS MUTUAL INSURANCE
COMPANY,
Defendant.
____________________________________/
On order of the Court, the application for leave to appeal the May 3, 2012
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and
we REMAND this case to the Sanilac Circuit Court for entry of summary disposition in
favor of defendant Claudia Maedel. Because “MCR 2.102 does not provide the authority
to issue a so-called ‘third’ summons,” Hyslop v Wojjusik, 252 Mich App 500, 506 (2002),
plaintiff’s initial complaint “is deemed dismissed without prejudice” as to Maedel. MCR
2.102(E)(1). Because plaintiff did not file a new complaint until after the three-year
statute of limitations expired, MCL 600.5805(10), and this action is not “commenced by
the personal representative of the deceased person” to toll the statute of limitations
pursuant to MCL 600.5852, defendant is entitled to summary disposition. MCR
2.116(C)(7).
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.
January 25, 2013 _________________________________________
h0122 Clerk