Elite Health Centers Inc v. State Farm Mutual Auto Insurance Co

• Court: Michigan Supreme Court
• Decided: October 3, 2017
• Docket: 152808
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

October 3, 2017 Stephen J. Markman, Chief Justice

152807-8 Brian K. Zahra Bridget M. McCormack CHIROPRACTORS REHABILITATION David F. Viviano Richard H. Bernstein GROUP, P.C., Joan L. Larsen Plaintiff-Appellee, Kurtis T. Wilder, Justices v SC: 152807 COA: 320288 Oakland CC: 2013-009983-AV STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant. _________________________________________/ ELITE HEALTH CENTER, INC., ELITE CHIROPRACTIC, P.C., and HORIZON IMAGING, L.L.C., Plaintiffs-Appellees, v SC: 150808 COA: 322317 Oakland CC: 2014-139132-AV STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant. _________________________________________/

By order of July 26, 2016, the application for leave to appeal the October 29, 2015 judgment of the Court of Appeals was held in abeyance pending the decision in Covenant Medical Center, Inc v State Farm Mutual Auto Ins Co (Docket No. 152758). On order of the Court, the case having been decided on May 25, 2017, 500 Mich ___ (2017), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND these cases to that court for reconsideration in light of Covenant.

We do not retain jurisdiction.

WILDER, J., did not participate because he was on the Court of Appeals panel.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. October 3, 2017 a0925 Clerk