Elite Health Centers Inc v. State Farm Mutual Auto Insurance Co ( 2017 )

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