Order Michigan Supreme Court
Lansing, Michigan
June 10, 2009 Marilyn Kelly,
Chief Justice
138743 & (14) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
RODNEY HANNA, Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 138743
COA: 289513
Wayne CC: 07-732805-NH
DARIO MERLOS, DDS,
Defendant-Appellant.
_________________________________________/
On order of the Court, motion for immediate consideration is GRANTED. The
application for leave to appeal the March 16, 2009 order of the Court of Appeals is
considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we
REMAND this case to the Court of Appeals for consideration as on leave granted. See
Scarsella v Pollack, 461 Mich 547, 549 (2000). We further ORDER that the trial court
proceedings are stayed pending the completion of this appeal. On motion of a party or on
its own motion, the Court of Appeals may modify, set aside, or place conditions on the
stay if it appears that the appeal is not being vigorously prosecuted or if other appropriate
grounds appear.
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.
June 10, 2009 _________________________________________
p0610 Clerk