Order Michigan Supreme Court
Lansing, Michigan
March 23, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
129247-8 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
RANEE LEE RAAB and RICHARD RAAB, Justices
Plaintiffs-Appellees,
v SC: 129247-8
COA: 254222, 256269
Montcalm CC: 02-001379-NH
ROBERT F. JOYCE, D.O.,
Defendant-Appellant.
_________________________________________/
On order of the Chief Justice, a stipulation signed by counsel for the parties
agreeing to the dismissal of this application for leave to appeal is considered, and the
application for leave to appeal is DISMISSED with prejudice and without costs.
MARKMAN, J., concurs and states as follows:
The application for leave to appeal in this case was filed more than 18 months ago
and oral argument on whether to grant the application was scheduled more than three
months ago. This Court now dismisses the appeal on the basis of a stipulation between
the parties. I join in this dismissal because parties should be encouraged to resolve their
disputes. Nonetheless, it must be noted that this Court has committed substantial public
resources in preparing for oral argument. The offices of the seven justices, the Clerk, the
Commissioner, and the reporter have all been actively engaged in this preparation.
Moreover, to the extent that we have committed resources to this case, our ability to
commit resources to other cases has obviously been diminished. For these reasons, I
would modify our court rules to clarify that the Court may impose costs equally upon the
parties in cases in which last-minute settlements are proposed. Both a sufficient regard
for the interests of the taxpayers and for the limited resources of the Court commend such
a rule.
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 23, 2007 _________________________________________
d0320 Clerk