Opinion
SC 166627 SC 166628(60) COA 362891 COA 363747
05-31-2024
GIORGIO WEBSTER, Plaintiff-Appellee/Cross-Appellant, v. DR. JEFFREY OSGUTHORPE and SUMMIT ORAL AND MAXILLOFACIAL SURGERY, PC, Defendants-Appellants/Cross-Appellees.
Macomb CC: 2019-003783-NH
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
On order of the Court, the application for leave to appeal the December 21, 2023 judgment of the Court of Appeals and the application for leave to appeal as cross-appellant are considered. We direct the Clerk to schedule oral argument on the application for leave to appeal as cross-appellant. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing: (1) whether the Macomb Circuit Court had the discretion to apply the former MCR 2.403(O); and, if so (2) whether an award of sanctions was justified in this case.
The Litigation Section and the Negligence Law Section of the State Bar of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.
The application for leave to appeal remains pending.