Order Michigan Supreme Court
Lansing, Michigan
Robert P. Young, Jr.,
Chief Justice
March 30, 2012
Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
144160 & (22) Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
Justices
GWENDOLYN McCLENDON, as Personal
Representative of the Estate of RHONDA
TOLBERT, Deceased,
Plaintiff-Appellee,
v SC: 144160
COA: 305984
Wayne CC: 02-226917-NH
DIMITRIOS APOSTOLOU, M.D., WALTER
FRASHER, PA-C, PETER MANCINI II, M.D.,
and HARPER HUTZEL HOSPITAL,
Defendants,
and
ALLEN WILLIAMS, M.D. and MERCY
MEMORIAL HOSPITAL CORPORATION,
Defendants-Appellants.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the October 28, 2011 order 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 order of the Wayne Circuit Court granting the plaintiff’s motion to
reinstate the complaint, because the delay in filing the motion, in excess of three and one
half years, was unjustified. We REMAND this case to that court for entry of an order
granting the defendants’ motion to dismiss.
MARILYN KELLY and HATHAWAY, JJ., 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.
March 30, 2012 _________________________________________
d0327 Clerk