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KOWALSKI v. FIUTOWSKI

Docket Nos. 220783, 223155.

635 N.W.2d 502 (2001)

247 Mich. App. 156

Robert KOWALSKI, as Personal Representative of the Estate of Katarzyna Binisziewicz-Kowalski, Deceased, Plaintiff-Appellee, and Michigan Department of Community Health, Intervening Plaintiff, v. Zdzislaw FIUTOWSKI, M.D., Defendant-Appellant, and Ragaa S. Eldin, M.D., Individually, and d/b/a Hamtramck Women's Clinic, Defendant. Rica Castro, as Personal Representative of the Estate of Elika Castro-Nazareno, Deceased, Plaintiff-Appellee, v. Cottage Health Services, d/b/a Bon Secours Hospital, Defendant-Appellant.

Court of Appeals of Michigan.

Decided August 17, 2001, at 9:05 a.m.

Released for Publication October 31, 2001.

Attorney(s) appearing for the Case

Richard B. Worsham, John J. Schutza, and the Law Offices of Larry A. Smith (by Larry A. Smith), Southfield, for the plaintiff in Docket No. 220783.

Worsham, Victor & Ahmad, P.C. (by Richard B. Worsham and John J. Schutza), Southfield, for the plaintiff in Docket No. 223155.

Blake, Kirchner, Symonds, MacFarlane, Larson & Smith, P.C. (by Jane P. Garrett and Christopher G. Manolis), and Wilson A. Copeland, II, Detroit, for Zdzislaw Fiutowski, M.D.

Willmarth, Tanoury, Ramar, Corbet, Garves & Shaw (by Linda M. Garbarino, John M. Perrin, and Elizabeth L. Sokol), Detroit, for Cottage Health Services.

Amicus Curiae: Foster, Swift, Collins & Smith, P.C. (by Thomas R. Meagher), Lansing, for Michigan Defense Trial Counsel, Inc.

Before: McDONALD, P.J., and MURPHY and METER, JJ.

PER CURIAM.

In these consolidated medical malpractice cases, defendants appeal by leave granted from the trial court's denial of their motions to set aside the entry of a default in each case. In each case, the trial court held that M.C.L. § 600.2912e mandated a default for defendants' failure to timely file an affidavit of meritorious defense. We reverse and remand.

A trial court's ruling on a motion to set...

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