Order Michigan Supreme Court
Lansing, Michigan
May 26, 2006 Clifford W. Taylor,
Chief Justice
130078 & (52)(55) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
ABDUL AL-SHIMMARI, Robert P. Young, Jr.
Plaintiff-Appellee/ Stephen J. Markman,
Justices
Cross-Appellant,
v SC: 130078
COA: 262655
Wayne CC: 04-407162-NH
THE DETROIT MEDICAL CENTER,
HARPER-HUTZEL HOSPITAL,
UNIVERSITY NEUROSURGICAL
ASSOCIATES, P.C., and SETTI
RENGACHARY, M.D.,
Defendants-Appellants/
Cross-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the November 1, 2005
judgment of the Court of Appeals, the application for leave to appeal as cross-appellant,
and the motion to strike are considered. The motion to strike is DENIED. We direct the
Clerk to schedule oral argument on whether to grant the applications or take other
peremptory action. MCR 7.302(G)(1). The parties shall include among the issues to be
addressed at oral argument whether (1) the Court of Appeals correctly granted a jury trial
on the service of process issue; (2) the Court of Appeals correctly determined that
defendants’ attorney’s participation in an evidentiary stipulation did not constitute a
“general appearance” sufficient to waive defendant physician’s ability to challenge
service of process, in reliance on Penny v ABA Pharmaceutical Co (On Remand), 203
Mich App 178 (1993); and (3) Penny is consistent with MCR 2.117(A) and (B). The
parties may file supplemental briefs within 42 days of the date of this order, but they
should avoid submitting a mere restatement of the arguments made in their application
papers.
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.
May 26, 2006 _________________________________________
p0523 Clerk