ASHBY v. BYRNES

Docket No. 228736.

651 N.W.2d 922 (2002)

251 Mich. App. 537

Kimberly ASHBY and Douglas Ashby, Plaintiffs-Appellants, v. Paul M. BYRNES M.D., and Paul M. Byrnes, M.D., P.C., Defendants-Appellees, and Emma L. Bixby Medical Center, d/b/a Bixby Medical Center, Defendant.

Court of Appeals of Michigan.

Decided June 4, 2002, at 9:00 a.m.

Released for Publication September 10, 2002.


Attorney(s) appearing for the Case

Mazur Morgan Meyers & Kittel, PLLC (by John I. Kittel and Linda M. Galante), Detroit, for the plaintiffs.

Ferriby, Houston & Belanger (by Robert L. Ferriby, Jr. and Randall A. Juip), Southfield, for the defendants.

Before BANDSTRA, P.J., and SMOLENSKI and METER, JJ.


BANDSTRA, P.J.

In this action alleging medical malpractice, plaintiffs appeal as of right from the trial court's order granting summary disposition in favor of defendants Paul M. Byrnes, M.D., and Paul M. Byrnes, M.D., P.C. The trial court granted summary disposition pursuant to MCR 2.116(C)(7) and (C)(10), after concluding that plaintiffs filed their claim beyond the time allowed by the applicable statute of limitation. We affirm.

I. Basic Facts and Procedural...

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