Kowalski v. Fiutowski

In these consolidated medical malpractice cases, defendants appeal by leave granted from the trial court’s denial of their motions to set aside the entry of a default in each case. In each case, the trial court held that MCL 600.2912e mandated a default for defendants’ failure to timely file an affidavit of meritorious defense. We reverse and remand.

A trial court’s ruling on a motion to set aside an entry of default is reviewed by this Court for abuse of discretion. Alken-Ziegler, Inc v Waterbury Headers Corp, 461 Mich 219, 227; 600 NW2d 638 (1999). Except when grounded on lack of…