Order Michigan Supreme Court
Lansing, Michigan
October 5, 2012 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
144875 Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
BETH HOFFMAN, Personal Representative Brian K. Zahra,
of the Estate of EDGAR BROWN, Deceased, Justices
Plaintiff-Appellee,
v SC: 144875
COA: 289011
Calhoun CC: 2003-003576-NH
DR. PETER BARRETT,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 8, 2012
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.302(H)(1). At
oral argument, the parties shall address whether the plaintiff’s complaint should have
been dismissed with prejudice because her notice of intent did not comply with MCL
600.2912b(4). The parties may file supplemental briefs within 35 days of the date of this
order, but they should not submit mere restatements of their application papers.
MARILYN KELLY, J., would deny leave to appeal.
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.
October 5, 2012 _________________________________________
d1002 Clerk