Estate of Jeanette Hutchings v. Tammy Gleeson Do

Michigan Supreme Court

Estate of Jeanette Hutchings v. Tammy Gleeson Do

DecidedJune 5, 2013

Docket146319

StatusPublished

This text of Estate of Jeanette Hutchings v. Tammy Gleeson Do (Estate of Jeanette Hutchings v. Tammy Gleeson Do) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Estate of Jeanette Hutchings v. Tammy Gleeson Do, (Mich. 2013).

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Order Michigan Supreme Court Lansing, Michigan

June 5, 2013 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Stephen J. Markman 146319 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, CHERYL K. STREET, Personal Representative Justices of the Estate of JEANETTE HUTCHINGS, Plaintiff-Appellee, v SC: 146319 COA: 306162 Calhoun CC: 2010-002336-NH TAMMY GLEESON, D.O., Defendant-Appellee, and ABEDELKARIM KHALIL ABUSHMAIES, M.D. and VHC, P.C., d/b/a VASCULAR HEALTH CENTER, Defendants-Appellants. _________________________________________/

On order of the Court, the application for leave to appeal the October 30, 2012 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REINSTATE the order of the Calhoun Circuit Court dismissing the complaint. Contrary to the Court of Appeals opinion, the trial court did consider the factors listed in Vicencio v Ramirez, 211 Mich App 501 (1995), and the plaintiff’s failure to comply with discovery requests in the 2008 case was relevant to the court’s decision under factor 2. When all of the facts of this case are considered, the trial court’s decision was within the range of principled outcomes.

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. June 5, 2013 d0529 Clerk

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Order Michigan Supreme Court Lansing, Michigan

June 5, 2013 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Stephen J. Markman 146319 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, CHERYL K. STREET, Personal Representative Justices of the Estate of JEANETTE HUTCHINGS, Plaintiff-Appellee, v SC: 146319 COA: 306162 Calhoun CC: 2010-002336-NH TAMMY GLEESON, D.O., Defendant-Appellee, and ABEDELKARIM KHALIL ABUSHMAIES, M.D. and VHC, P.C., d/b/a VASCULAR HEALTH CENTER, Defendants-Appellants. _________________________________________/

On order of the Court, the application for leave to appeal the October 30, 2012 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REINSTATE the order of the Calhoun Circuit Court dismissing the complaint. Contrary to the Court of Appeals opinion, the trial court did consider the factors listed in Vicencio v Ramirez, 211 Mich App 501 (1995), and the plaintiff’s failure to comply with discovery requests in the 2008 case was relevant to the court’s decision under factor 2. When all of the facts of this case are considered, the trial court’s decision was within the range of principled outcomes.

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. June 5, 2013 d0529 Clerk

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