Opinion
366395
08-22-2023
Dept of Health and Human Services v. Rockwood Pharmacy PC
LC No. 22-000442-CZ
Stephen L. Borrello Presiding Judge Michael J. Kelly Brock A. Swartzle Judges
ORDER
The motion to file a reply brief that exceeds the word count limit of MCR 7.212(B)(1) is GRANTED.
In lieu of granting appellants' delayed application for leave to appeal, we VACATE the trial court's March 14, 2023 order denying appellants' motion to change venue and REMAND for further proceedings. Because some of appellee's causes of action sound in tort, MCL 600.1641(2) applies and directs that venue be determined according to the rules applicable to tort actions as provided in MCL 600.1629. Angelucci v Dart Props, Inc, 301 Mich.App. 209; 836 N.W.2d 219 (2013). On remand, the trial court shall reconsider the merits of appellants' motion to change venue.