SAFFIAN v. SIMMONS

Docket No. 250645.

704 N.W.2d 722 (2005)

267 Mich. App. 297

Kim SAFFIAN, Plaintiff-Appellee, v. Robert R. SIMMONS, D.D.S., Defendant-Appellant.

Court of Appeals of Michigan.

Decided July 7, 2005, at 9:05 a.m.

Released for Publication September 28, 2005.


Attorney(s) appearing for the Case

Bensinger, Cotant & Menkes, P.C. (by Scott R. Eckhold), Gaylord, for the plaintiff.

Patrick & Kwiatkowski, PLLC (by Aaron J. Gauthier), Cheboygan, for the defendant.

Before: ZAHRA, P.J., and NEFF and COOPER, JJ.


NEFF, J.

Defendant appeals as of right a default judgment and a previous order denying his motion for summary disposition and reinstating a default. We affirm.

I. Introduction

In this dental malpractice case, we must decide whether defendant had a duty to respond to a summons and complaint given a later judicial determination after an evidentiary hearing that the affidavit of merit filed with the complaint did not comply with MCL 600.2912d(1), but...

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