Order Michigan Supreme Court
Lansing, Michigan
October 24, 2007 Clifford W. Taylor,
Chief Justice
133867 Michael F. Cavanagh
133868 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
BRIAN POTTER, Justices
Plaintiff-Appellant,
v SC: 133867, 133868
COA: 262529, 263538
Washtenaw CC: 03-001226-NH
RICHARD C. McLEARY, M.D.,
GARY AUGUSTYN, M.D., and
ST. JOSEPH MERCY HOSPITAL
ANN ARBOR, d/b/a TRINITY
HEALTH-MICHIGAN,
Defendants,
and
ROBERT DOMEIER, D.O.,
EMERGENCY PHYSICIANS
MEDICAL GROUP, P.C.,
KRISTYN H. MURRY, M.D., and
HURON VALLEY RADIOLOGY,
P.C.,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the February 6, 2007
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 the portion of the judgment of the Court
of Appeals dismissing the complaint with prejudice, because the dismissal should have
been without prejudice as to the affidavit of merit issue. See Kirkaldy v Rim, 478 Mich
581 (2007). Accordingly, we REMAND this case to the Court of Appeals for
consideration of the defendants' other issues that were not addressed in its opinion. In all
other respects, leave to appeal is DENIED, because we are not persuaded that the
remaining question 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 _________________________________________
l1017 Clerk