Alley v. SECK, DO

Order Michigan Supreme Court Lansing, Michigan September 27, 2010 Marilyn Kelly, Chief Justice 137412 Michael F. Cavanagh Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman FRANKLIN ALLEY and JANET ALLEY, Diane M. Hathaway Plaintiffs-Appellees, Alton Thomas Davis, Justices v SC: 137412 COA: 283634 Gladwin CC: 07-003343-NH FRANK SECK, D.O., and CEDAR AVENUE FAMILY PRACTICE, Defendants-Appellants. _________________________________________/ By order of May 7, 2009, the application for leave to appeal the August 22, 2008 order of the Court of Appeals was held in abeyance pending the decision in Holman v Rasak (Docket No. 137993). On order of the Court, the case having been decided on July 13, 2010, 486 Mich 429 (2010), the application is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted in light of Holman, supra. HATHAWAY, J., would grant 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. September 27, 2010 _________________________________________ d0920 Clerk