Opinion
No. 135705.
April 25, 2008.
Court of Appeals No. 276814.
Summary Dispositions April 25, 2008.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals. As opined by the dissenting judge in the Court of Appeals, a remand for consideration of Kirkaldy v Rim, 478 Mich 581 (2007), is unnecessary. We remand this case to the Court of Appeals for consideration as on leave granted. The motion for stay is granted. Trial court proceedings are stayed pending the completion of this appeal.
KELLY, J. I agree that a remand to the trial court for consideration of Kirkaldy v Rim, 478 Mich 581 (2007), is unnecessary, but would not remand this case to the Court of Appeals for consideration as on leave granted. Rather, I would simply deny leave in all other respects and remand this case to the trial court for reinstatement of its order denying the defendant doctor's motion for summary disposition.
CAVANAGH, J. I join the statement of Justice KELLY.