Jackob Trakhtenberg v. Deborah H McKelvy

• Court: Michigan Supreme Court
• Decided: March 27, 2013
• Docket: 140150
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

March 27, 2013 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Stephen J. Markman 140150 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, JACOB TRAKHTENBERG, Justices Plaintiff-Appellant, v SC: 140150 COA: 285247 Oakland CC: 2008-088401-NM DEBORAH H. McKELVY, Defendant-Appellee.

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By order of April 27, 2010, the application for leave to appeal the October 27, 2009 judgment of the Court of Appeals was held in abeyance pending the decision in People v Trakhtenberg (Docket Nos. 138875, after remand 143386). On order of the Court, the case having been decided on December 21, 2012, 493 Mich 38 (2012), the application is again considered. In People v Trakhtenberg, this Court held that Trakhtenberg was deprived of his right to the effective assistance of counsel. Given this, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the Oakland Circuit Court’s ruling that the defendant was entitled to summary disposition of the plaintiff’s legal malpractice claim on a collateral estoppel theory. We further VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration in light of our decision in People v Trakhtenberg.

We do not retain jurisdiction.

I, Corbin R. Davis, 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. March 27, 2013 _________________________________________ s0320 Clerk