Order Michigan Supreme Court
Lansing, Michigan
October 3, 2008 Clifford W. Taylor,
Chief Justice
136283 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
BEN HANSEN, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 136283
COA: 278074
Ingham CC: 06-001033-CZ
DEPARTMENT OF COMMUNITY HEALTH,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the March 13, 2008
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
CAVANAGH and KELLY, JJ., would grant leave to appeal.
MARKMAN, J. (dissenting).
I would reverse in part the judgment of the Court of Appeals and remand this case
to the trial court for an evidentiary hearing concerning the appropriate amount of
sanctions with respect to Counts I and II only. In my judgment, sanctions for Count III
were inappropriate because that count was not barred by the statute of limitations and
plaintiff’s legal position on this count was not “devoid of arguable legal merit.” MCL
600.2591(3)(a)(iii).
YOUNG, J., joins the statement of MARKMAN, J.
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.
October 3, 2008 _________________________________________
p0930 Clerk