Opinion
Docket No. 152058. COA No. 318487.
02-05-2016
Shae Kevin GRAHAM, Plaintiff–Appellee, v. Sharea FOSTER, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the June 16, 2015 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing whether the Court of Appeals correctly held that a necessary-party defendant may be brought into a lawsuit after the expiration of the limitations period based on the relation-back doctrine. See Casserly v. Waite Circuit Judge, 124 Mich. 157, 161, 82 N.W. 841 (1900), Prather Engineering Co. v. Detroit, F & S Ry. Co., 152 Mich. 582, 585, 116 N.W. 376 (1908); but see Miller v. Chapman Contracting, 477 Mich. 102, 105, 730 N.W.2d 462 (2007) (“the relation-back doctrine does not extend to the addition of new parties”). The parties should not submit mere restatements of their application papers.