Al-Shimmari v. Detroit Med. CTR

Full title: ABDUL AL-SHIMMARI, Plaintiff-Appellee/Cross-Appellant, v. THE DETROIT…

Court: Supreme Court of Michigan

Date published: May 26, 2006

475 Mich. 861 (Mich. 2006)

475 Mich. 861

Opinion

714 N.W.2d 291 (Mich. 2006) 475 Mich. 861 Abdul AL-SHIMMARI, Plaintiff-Appellee/Cross-Appellant, v. THE DETROIT MEDICAL CENTER, Harper-Hutzel Hospital, University Neurosurgical Associates, P.C., and Setti Rengachary, M.D., Defendants-Appellants/Cross-Appellees. Nos. 130078, (52)(55). COA No. 262655. Supreme Court of Michigan May 26, 2006

         On order of the Court, the application for leave to appeal the November 1, 2005

Page 292.

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, 511 N.W.2d 896 (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 [475 Mich. 862] should avoid submitting a mere restatement of the arguments made in their application papers.