Categories: Michigan Supreme Court Opinions

COX v. BOARD OF HOSPITAL MANAGERS FOR CITY, FLINT, 462 Mich. 859 (2000)

613 N.W.2d 719

TERESA COX, as Next Friend of BRANDON COX, a Minor, TERESA COX and CAREY COX, Individually, Plaintiffs-Appellees, v. BOARD OF HOSPITAL MANAGERS FOR THE CITY OF FLINT d/b/a HURLEY MEDICAL CENTER, a municipal corporation, Defendant-Appellant, and EDILBERTO MORENO, M.D., Defendant.

No. 114573.Supreme Court of Michigan.
May 16, 2000.

Appeal from COA: 205025, Genesee CC: 92-12247-NM.

On order of the Court, the application for leave to appeal from the April 6, 1999 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the April 6, 1999 decision of the Court of Appeals and REMAND this case to that court for further proceedings in light of this order. In the prior appeal, COA Docket No. 184859, the court erred in refusing to review four arguments raised by defendant on the erroneous ground that defendant was required to file a

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cross-appeal to raise them. Middlebrooks v. Wayne Co, 446 Mich. 151, 166, n. 21 (1994). In these unique circumstances, it would be unjust for the court to refuse to rule on these issues which defendant has properly and persistently raised. On remand, the Court of Appeals shall either consider and rule on the issues or further remand the case to the Genesee Circuit Court for an initial ruling on them.

We do not retain jurisdiction.

Cavanagh and Kelly, JJ., would deny leave to appeal.

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