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A Better Partnership
June 13, 2016

MSC to consider whether a timely filed motion to extend time to file an affidavit of merit, which is not granted until after the limitations period expires, tolls that limitations period

The Michigan Supreme Court granted mini-oral argument on the application for leave to appeal in Castro v. Goulet, No. 152383 to consider whether the filing of a motion for an extension of time to file an affidavit of merit, which is subsequently granted, is sufficient to toll the statute of limitations.
 
The Court of Appeal held that the plaintiffs’ actions in filing the motion to extend the time to file the affidavit of merit for a medical malpractice claim were proper. The court determined that it was outside of the plaintiffs’ control that the trial court failed to grant the motion within the statute of limitations and therefore, the granting of summary disposition in favor of defendants for untimeliness was in clear error.
 
To read our previous blog post about the Court of Appeals’ opinion, click here.

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