Opinion
Docket No. 142914.COA No. 289513.
2012-04-13
Rodney HANNA, Plaintiff–Appellee, v. Dario MERLOS, D.D.S., Defendant–Appellant.
Prior report: Mich.App., 2011 WL 744942.
Order
On April 5, 2012, the Court heard oral argument on the application for leave to appeal the March 3, 2011 judgment of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.302(H)(1). In lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and we REMAND this case to the Wayne Circuit Court for entry of an order granting summary disposition to the defendant. The plaintiff failed to “file with the complaint an affidavit of merit ...” as required by MCL 600.2912d(1). See Scarsella v. Pollak, 461 Mich. 547, 549, 607 N.W.2d 711 (2000), and Ligons v. Crittenton Hospital, 490 Mich. 61, 84, 85, 803 N.W.2d 271 (2011).