Order Michigan Supreme Court
Lansing, Michigan
November 7, 2012 Robert P. Young, Jr.,
Chief Justice
145288 & (61) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
JAMES P. HARKINS, JR., Brian K. Zahra,
Plaintiff, Justices
and
DIANE DICKOW D’AGOSTINI and
KIMBERLY SMALL,
Plaintiffs-Appellees and
Cross-Appellants,
v SC: 145288
COA: 301576
Wayne CC: 08-018282-NM
THOMAS R. PAXTON and GARAN, LUCOW,
MILLER, P.C.,
Defendants-Appellants and
Cross-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the March 22, 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 VACATE that portion of the Court of Appeals
decision relating to plaintiffs D’Agostini’s and Small’s (hereinafter plaintiffs)
malpractice claims, and we REMAND this case to the Wayne Circuit Court for further
proceedings not inconsistent with this order. Plaintiffs lack standing to pursue legal
malpractice claims predicated upon duties allegedly breached by defendants in
representing plaintiffs’ employer, the 48th District Court. See Beaty v Hertzberg
Golden, PC, 456 Mich 247, 253 (1997). On remand, the circuit court shall grant
defendants’ motion for summary disposition to the extent plaintiffs’ complaint is based
on allegations relating to claims the 48th District Court could have brought and deny the
motion for summary disposition to the extent plaintiffs allege independent claims of legal
malpractice. The application for leave to appeal as cross-appellants is considered, and it
is DENIED, because we are not persuaded that the questions presented should be
reviewed by this Court.
2
We do not retain jurisdiction.
CAVANAGH, J., not participating due to a familial relationship with a member of a
law firm involved in this matter.
HATHAWAY, J., not participating because she has a professional relationship with a
member of a law firm involved in this matter.
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.
November 7, 2012 _________________________________________
p1031 Clerk