Opinion
357341
09-16-2021
Jessica Rosillo v. Mosab Deen DO
LC No. 2020-004342-NH.
Elizabeth L. Gleicher, Presiding Judge, Mark J. Cavanagh, Kathleen Jansen, Judges.
ORDER
The application for leave to appeal is DENIED for failure to persuade the Court of the need for immediate appellate review.
Gleicher, J. would GRANT the application for leave to appeal or would peremptorily reverse the trial court.
Administrative Order No. 2020-3, entered on March 23, 2020, provided that "all deadlines pertaining to case initiation" in civil matters were "extend[ed] … during the state of emergency declared by the Governor related to COVID-19." A subsequent Administrative Order, AO No. 2020-18 entered on June 12, 2020, rescinded Administrative Order No. 2020-3, effective on June 20, 2020. On that date, "computation of time" for the affected filings resumed.
These orders tolled "all deadlines pertaining to case initiation" for 102 days.
The alleged malpractice in this case was committed on March 17, 2018. But for AO No. 2020-3 and AO No. 2020-18, the statute of limitations would have expired on March 17, 2020. The Supreme Court's administrative orders extended the statute of limitations for 102 days, until June 27, 2020.
Plaintiffs' notice of intent to sue was mailed on March 13, 2020. As of that date, plaintiffs were entitled to the statutory tolling period of 182 days provided in MCL 600.2912b. The date of the mailing of the NOI was 106 days before the running of the June 27, 2020 statute of limitations. When the waiting period for filing suit ended under MCL 600.2912b on September 11, 2020, plaintiffs had 106 days remaining in which to file a timely complaint. Plaintiffs filed their complaint on December 1, 2020, which was within that 106-day period.