Opinion
Nos. 133867, 133868.
October 24, 2007.
Reported below. 274 Mich App 222.
Summary Dispositions October 24, 2007:
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, 478 Mich 581 (2007). Accordingly, we remand this case to the Court of Appeals for consideration of the defendants' other issues that were not addressed in its opinion. In all other respects, leave to appeal is denied, because we are not persuaded that the remaining question presented should be reviewed by this Court.