James P Harkins Jr v. Thomas R Paxton

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