Order Michigan Supreme Court
Lansing, Michigan
September 10, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
132247 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
SHARON ROBERTSON, personal Justices
representative of the Estate of GORDON
ROBERTSON, Deceased,
Plaintiff-Appellant,
v SC: 132247
COA: 269752
Bay CC: 05-003647-NH
S.M. ASCHERL, M.D., BAY
RADIOLOGICAL CONSULTANTS, P.C.,
and BAY MEDICAL CENTER, a/k/a BAY
REGIONAL MEDICAL CENTER,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the August 29, 2006
order 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 order of the Court of Appeals, which ordered
dismissal of the complaint with prejudice, and we REMAND this case to the Bay 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.
September 10, 2007 _________________________________________
d0830 Clerk