[Download] "White v. Busuito" by Michigan Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: White v. Busuito
- Author : Michigan Court of Appeals
- Release Date : January 26, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
9:00 a.m. The trial court entered a default judgment in favor of plaintiff in the amount of $750,000 after defendant failed to respond to plaintiff's complaint alleging medical malpractice. The court also denied defendant's motion to set aside the default and resulting default judgment. Defendant now appeals as of right. While defendant asserts several alternative bases for reversal, we find one to be dispositive. We conclude that, because plaintiff failed to file either security for costs or an affidavit of meritorious claim as required by MCL 600.2912d; MSA 27A.2912(4), defendant had no obligation to answer plaintiff's complaint. We therefore vacate the default and default judgment entered against defendant and remand for further proceedings.