Opinion
352631
04-21-2022
Estate of Ronald D Patterson v. St Joseph Mercy Hospital Ann Arbor
LC No. 19-000002-NH
Michelle M. Rick Presiding Judge Amy Ronayne Krause Anica Letica Judges.
ORDER
Michelle M. Rick Presiding Judge.
This Court's October 28, 2021 opinion and order vacated the trial court's December 3, 2019 order dismissing this case and remanded to the trial court to either (1) reconsider that order and reopen the case; or (2) provide us with a reviewable record of its express consideration of the factors under Dean v Tucker, 182 Mich.App. 27, 32-33; 451 N.W.2d 571 (1990), including consideration of plaintiff s attorney's illness at the time of the November 21, 2019 hearing and whether a lesser sanction might better serve the interests of justice, in support of its dismissal.
On remand, the parties filed supplemental briefing and the trial court held a February 10, 2022 hearing to address this Court's October 28, 2021 opinion and order. On March 25, 2022, the trial court issued its order on remand, which dismissed plaintiffs complaint without prejudice. Having reviewed the record on remand, we hold that although the parties addressed the issues required by this Court's October 28, 2021 opinion and order, the trial court did not do so. As this Court explained in Rodriguez v General Motors Corp, 204 Mich.App. 509, 514; 516 N.W.2d 105 (1994), "[i]t is the duty of the lower court or tribunal, on remand, to comply strictly with the mandate of the appellate court." Therefore, on its own motion, this Court VACATES the trial court's March 25, 2022 order dismissing plaintiffs complaint without prejudice and REMANDS for further proceedings. We retain jurisdiction.
Proceedings on remand in this matter shall commence within 21 days of the Clerk's certification of this order, and they shall be given priority on remand until they are concluded. As mandated in this Court's October 28, 2021 opinion and order, the trial court is either (1) to reconsider its dismissal order and reopen the case; or (2) to provide us with a reviewable record of its express consideration of the Dean factors, including consideration of plaintiff s attorney's illness at the time of the November 21, 2019 hearing and whether a lesser sanction might better serve the interests of justice, in support of its dismissal. The proceedings on remand are limited to these issues.
The parties shall promptly file with this Court a copy of all papers filed on remand. Within seven days after entry, appellant shall file with this Court copies of all orders entered on remand.
The transcript of all proceedings on remand shall be prepared and filed within 21 days after completion of the proceedings.