Opinion
369696
03-07-2024
FOREST HEALTH MEDICAL CENTER LLC v. MICHIGAN PAIN SPECIALISTS PLLC
LC No. 24-000015-CB
Deborah A. Servitto, Presiding Judge, Michael J. Kelly, Brock A. Swartzle, Judges
ORDER
The motion for immediate consideration is GRANTED.
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the February 6, 2024 order is VACATED, and the matter is REMANDED to the Washtenaw Circuit Court for reconsideration of plaintiff-appellant's motion for a preliminary injunction. When determining whether to grant a preliminary injunction, a trial court must consider the following four factors: (1) whether the applicant has demonstrated that it will suffer irreparable harm if the injunction is not issued, (2) whether the applicant is likely to prevail on the merits, (3) whether the harm to the applicant absent an injunction outweighs the harm an injunction would cause to the adverse party, and (4) whether the public interest will be harmed if a preliminary injunction is issued. Slis v Michigan, 332 Mich.App. 312, 336-337; 956 N.W.2d 569 (2020). The trial court did not consider these four factors before it denied plaintiff-appellant's motion for a preliminary injunction. On remand, when reconsidering the motion for a preliminary injunction, the trial court shall make findings and conclusions regarding each factor.
This order is to have immediate effect. MCR 7.215(F)(2).
We do not retain jurisdiction.