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POTTER v. McLEARY

Docket Nos. 133867, 133868. COA Nos. 262529, 263538.

739 N.W.2d 866 (2007)

Brian POTTER, Plaintiff-Appellant, v. Richard C. McLEARY, M.D., Gary Augustyn, M.D., and St. Joseph Mercy Hospital Ann Arbor, d/b/a Trinity Health-Michigan, Defendants, and Robert Domeier, D.O., Emergency Physicians Medical Group, P.C., Kristyn H. Murry, M.D., and Huron Valley Radiology, P.C., Defendants-Appellees.

Supreme Court of Michigan.

October 24, 2007.

On order of the Court, the application for leave to appeal the February 6, 2007 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE the portion of the judgment of the Court of Appeals dismissing the complaint with prejudice, because the dismissal should have been without prejudice as to the affidavit of merit issue. See Kirkaldy v. Rim...

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