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KACZYNSKI v. ANDERSON

Docket No. 268529.

740 N.W.2d 719 (2007)

276 Mich. App. 365

Tally KACZYNSKI, Personal Representative of the Estate of Marilyn Holtrey, Deceased, Plaintiff-Appellant, v. Peggy ANDERSON, D.O., Defendant-Appellee.

Court of Appeals of Michigan.

Decided July 26, 2007, at 9:15 a.m.

Released for Publication October 26, 2007.

Attorney(s) appearing for the Case

Robert J. Riley, Grand Rapids, for the defendant.

Bigler, Berry, Johnston, Sztykiel & Hunt, P.C. (by Steven C. Berry, Mary Jo Boerman, and Christopher S. Berry), Zeeland, for the defendant.

Timothy Reiniger, and Michael Closen, and The Googasin Firm, P.C. (by Dean M. Googasin), Chatsworth, Cal., Bloomfield Hills, for amici curiae the National Notary Association.

The Googasin Firm, P.C. (by George A. Googasin and Dean M. Googasin), Bloomfield Hills, for amici curiae the State Bar of Michigan.

Charfoos & Christensen, P.C. (by David R. Parker), Detroit, for amici curiae the State Bar of Michigan Negligence Section.

Charfoos & Christensen, P.C. (by David R. Parker), and Shermeta & Adams, P.C. (by Barbara L. Adams), Detroit, Rochester Hills, for amici curiae the Michigan Creditors Bar Association.

Before: SERVITTO, P.J., and FITZGERALD and TALBOT, JJ.

ON RECONSIDERATION

PER CURIAM.

In this medical malpractice action, plaintiff appeals as of right the circuit court order granting defendant's motion for summary disposition pursuant to MCR 2.116(C)(8) on the ground that plaintiff's affidavit of merit was deficient for want of proper certification of the out-of-state notary public who notarized the instrument. We reverse and remand.

The affidavit of merit in this case was notarized by a Florida notary...

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