Saffian v. Simmons

Defendant appeals as of right a default judgment and a previous order denying his motion for summary disposition and reinstating a default. We affirm.

I. INTRODUCTION

In this dental malpractice case, we must decide whether defendant had a duty to respond to a summons and complaint given a later judicial determination after an evidentiary hearing that the affidavit of merit filed with the complaint did not comply with MCL 600.2912d(1), but was not “grossly nonconforming.” We hold that defendant was not relieved of his duty to timely respond to the summons and complaint. Defendant was properly…