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KACZYNSKI v. ANDERSON

Docket No. 268529.

731 N.W.2d 442 (2007)

274 Mich. App. 49

Tally KACZYNSKI, Personal Representative of the Estate of Marilyn Holtrey, Deceased, Plaintiff-Appellant, v. Peggy ANDERSON, Defendant-Appellee.

Court of Appeals of Michigan.

Decided January 25, 2007, at 9:20 a.m.

Released for Publication April 24, 2007.

Attorney(s) appearing for the Case

Robert J. Riley, Grand Rapids, for the plaintiff.

Bigler, Berry, Johnston, Sztykiel & Hunt, P.C. (by Steven C. Berry, Mary Jo Boerman, and Christopher S. Berry), Zeeland, for the defendant.

Before: SERVITTO, P.J., and FITZGERALD and TALBOT, JJ.

ORDER ENTERED FEBRUARY 7, 2007

Kaczynski v. Anderson, Docket No. 268529. The Court orders that a special panel shall be convened pursuant to MCR 7.215(J) to resolve the conflict between this case and Apsey v. Mem. Hosp. (On Reconsideration), 266 Mich.App. 666, 702 N.W.2d 870 (2005).

The Court further orders that parts C and D of the opinion in this case, which address...

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