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Fuller v. ESFAHANI

Citations: 755 N.W.2d 624; 482 Mich. 984Docket: 136394

Court: Michigan Supreme Court; September 17, 2008; Michigan; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The Michigan Supreme Court issued an order on September 17, 2008, regarding the case of Justin Fuller, as a personal representative of the estate of Robert M. Fuller, against Ali A. Esfahani, M.D., Genesee Regional Medical Center, William V. Zemnickas II, D.O., Surgical Specialists, P.C., and other defendants. The Court considered the application for leave to appeal the judgment of the Court of Appeals, dated March 27, 2008. The application was denied, indicating the Court was not persuaded that the issues raised warranted review. Justices Cavanagh and Kelly expressed a dissenting opinion, stating they would have granted leave to appeal. The Clerk of the Court, Corbin R. Davis, certified the accuracy of this order.

Legal Issues Addressed

Certification of Court Orders

Application: The Clerk of the Court officially confirmed the accuracy of the court's decision and order regarding the appeal.

Reasoning: The Clerk of the Court, Corbin R. Davis, certified the accuracy of this order.

Denial of Leave to Appeal

Application: The Michigan Supreme Court decided not to review the case further, thus letting the decision of the Court of Appeals stand.

Reasoning: The application was denied, indicating the Court was not persuaded that the issues raised warranted review.

Judicial Dissent in Denial of Appeal

Application: Justices Cavanagh and Kelly disagreed with the majority decision and believed the case merited further examination by the Supreme Court.

Reasoning: Justices Cavanagh and Kelly expressed a dissenting opinion, stating they would have granted leave to appeal.