Opinion
No. 126705 (61).
May 5, 2005.
SC: 126705, COA: 243425, Wayne CC: 01-114580-NZ.
On order of the Court, the application for leave to appeal the April 29, 2004 judgment of the Court of Appeals is considered and, it appearing to this Court that the case of Fisher v. W A Foote Memorial Hospital (Docket No. 126333) is pending on appeal before this Court and that the decision in that case may resolve an issue raised in the present application for leave to appeal, we ORDER that the application be held in ABEYANCE pending the decision in that case. The motion to file a brief amicus curiae is GRANTED.
By order of May 5, 2005, the application for leave to appeal was held in abeyance pending the decision in Fisher v. W A Foote Memorial Hospital (Docket No. 126333). On order of the Court, the order denying the application for leave to appeal in Fisher having been issued on July 29, 2005, 473 Mich 888 (2005), the application is again considered. Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the April 29, 2004 judgment of the Court of Appeals, and we REMAND this case to the Wayne Circuit Court for dismissal of the complaint. The case is moot, given its specific facts, and the issue is not likely to recur yet evade judicial review, in light of the Medical Records Access Act, MCL 333.26261 et seq.
CAVANAGH and KELLY, JJ., would deny leave to appeal.