Opinion
No. 131184.
December 13, 2006.
Appeal from the Reported below: 270 Mich App 491.
Summary Dispositions December 13, 2006.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the portion of the Court of Appeals judgment affirming the trial court's decision to strike defendants' affidavit of meritorious defense. The plain language of MCL 600.2912e(1) only requires that an attorney reasonably believe that the expert meets the requirements of MCL 600.2169; it does not require that the expert actually meet those requirements. Grossman v Brown, 470 Mich 593, 599 (2004) (addressing identical language in MCL 600.2912d). Since the Court of Appeals concluded in this case that defense counsel reasonably believed that his expert was qualified under MCL 600.2169 because of that statute's reference to a "licensed . . . health professional," it should have also found that the affidavit was sufficient under MCL 600.2912e and reversed the order striking the affidavit. In all other respects, leave to appeal is denied, because we are not persuaded that the remaining questions presented should be reviewed by this Court.