Order Michigan Supreme Court
Lansing, Michigan
October 24, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
131534 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
VALERIE DUBE and DENNIS DUBE, Justices
Plaintiffs-Appellants,
v SC: 131534
COA: 265887
Wayne CC: 03-338048-NH
ST. JOHN HOSPITAL & MEDICAL CENTER,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the May 16, 2006
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE section VI of the judgment of the Court of
Appeals, which affirmed the dismissal of the complaint with prejudice, and we
REMAND this case to the Wayne Circuit Court for entry of an order dismissing the
complaint without prejudice. See Kirkaldy v Rim, 478 Mich 581 (2007). In all other
respects, leave to appeal is DENIED, because we are not persuaded that the remaining
questions presented should be reviewed by this Court.
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 24, 2007 _________________________________________
d1017 Clerk