Opinion
SC 161678 COA 348987
09-22-2021
TAMMY McNEILL-MARKS, Plaintiff-Appellee, v. MIDMICHIGAN MEDICAL CENTER-GRATIOT, Defendant-Appellant.
Gratiot CC: 14-011876-NZ
Bridget M. McCormack, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Elizabeth T. Clement, Megan K. Cavanagh, Elizabeth M. Welch, Justices
ORDER
On order of the Court, the application for leave to appeal the May 21, 2020 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(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 Court of Appeals for consideration of the plaintiff's remaining appellate issue. As noted by dissenting Judge Boonstra, the question whether the plaintiff's communication to her attorney satisfied the reporting requirement of MCL 15.362 was not actually decided, explicitly or implicitly, in the prior appeal, see Grievance Administrator v Lopatin, 462 Mich. 235, 260 (2000), nor was it necessarily determined in order for the Court of Appeals to arrive at its decision, see Webb v Smith, 224 Mich.App. 203, 209 (1997), lv den 459 Mich. 862 (1998).
We do not retain jurisdiction.