Howe v. BOUCREE

Order Michigan Supreme Court Lansing, Michigan March 20, 2009 Marilyn Kelly, Chief Justice 136926 Michael F. Cavanagh & (65) Elizabeth A. Weaver Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway, DANIEL HOWE, Justices Plaintiff-Appellant and Cross-Appellee, v SC: 136926 COA: 273949 Genesee CC: 2002-073710-NH MICHAEL BOUCREE and FLINT NEUROSCIENCE CENTER, Defendants, and BHADRABALA B. GANATRA, M.D., individually and d/b/a BHADRABALA B. GANATRA, M.D., P.C., Defendants-Appellees and Cross-Appellants. _________________________________________/ On order of the Court, the application for leave to appeal the June 10, 2008 judgment of the Court of Appeals and the application for leave to appeal as cross- appellants are considered. Leave to appeal is DENIED in relation to the judgment of the Court of Appeals ordering a new trial because of misconduct by the plaintiff’s attorney. As stated by the panel, the resolution of this issue renders the other appellate issues moot. Accordingly, we VACATE the remainder of the Court of Appeals judgment. The application for leave to appeal as cross-appellants is DENIED. KELLY, C.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. March 20, 2009 _________________________________________ l0317 Clerk