Estate of Rhonda Tolbert v. Dimitrios Apostolou Md

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