Opinion
357055
08-30-2021
Estate of Jeanna E Gabrysiak v. Marlis Lange MD
LC No. 20-009792-NH
Brock A. Swartzle Presiding Judge, Michael J. Kelly, Michelle M. Rick JudgesORDER
The motion for an order allowing/compelling the trial court to enter an amended qualified protective order and dismissing this appeal as moot is GRANTED.
Swartzle P. J., would deny plaintiffs motion. First, the motion fails to make an argument that would not be applicable to virtually all interlocutory appeals, and therefore the motion should be denied for that reason alone. Second, although not styled as a motion for peremptory relief, it appears to be one in effect, as it seeks an order from this Court to reverse or vacate two provisions of the trial court's HIPPA Qualified Protective Order dated April 13, 2021, without the benefit of full briefing or oral argument. Because I read plaintiffs motion as one for peremptory relief, I believe that our panel's unanimity requirement should apply. See MCR 7.211(C)(4). For these reasons, I dissent from this Court's order.