Estate of Patricia Young v. Partha Shanker Nandi Md

Order Michigan Supreme Court
Lansing, Michigan
October 21, 2011 Robert P. Young, Jr.,
Chief Justice
143237 & (69) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
DANIEL A. YOUNG, as Personal Mary Beth Kelly
Representative of the Estate of PATRICIA Brian K. Zahra,
J. YOUNG, deceased, Justices
Plaintiff-Appellee/Cross-Appellant,
v SC: 143237
COA: 292409
PARTHA SHANKER NANDI, M.D., Oakland CC: 2003-049093-NH
SANTE BOLOGNA, M.D. and TROY
GASTROENTEROLOGY, P.C., d/b/a
CENTER FOR DIGESTIVE HEALTH,
Defendants-Appellants/Cross-Appellees.
________________________________________/
On order of the Court, the application for leave to appeal the May 3, 2011
judgment of the Court of Appeals and the application for leave to appeal as cross-
appellant are considered. Pursuant to MCR 7.302(H)(1), in lieu of granting leave to
appeal, we REVERSE that part of the Court of Appeals judgment finding that the
plaintiff is entitled to attorney fees and costs for post-trial work that occurred in the
Oakland Circuit Court following the appellate process, and we REINSTATE the circuit
court’s ruling in this regard. There is not a sufficient causal nexus between the post-
appeal proceedings and the defendants’ rejection of the case evaluation. MCR
2.403(O)(6)(b); Haliw v Sterling Heights, 471 Mich 700, 711 n 8 (2005). In all other
respects, the application for leave to appeal and the application for leave to appeal as
cross-appellant are DENIED, because we are not persuaded that the remaining questions
presented should be reviewed by this Court. We REMAND this case to the Oakland
Circuit Court for proceedings consistent with this order and the remand ordered by the
Court of Appeals.
CAVANAGH and MARILYN KELLY, JJ., would grant the application for leave to
appeal and the application for leave to appeal as cross-appellant.
HATHAWAY, J., would simply deny leave to appeal.
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.
October 21, 2011 _________________________________________
h1018 Clerk