White v. Barbara Ann Karmanos Cancer Institute

Flaintiffs appeal as of right the trial court’s orders granting defendants’ motions for summary disposition based on the expiration of the period of limitations. We affirm because we are required to do so under the first-out rule of this Court, MCR 7.215(J)(1), by controlling precedent in Apsey v Mem Hosp (On Reconsideration), 266 Mich App 666; *802702 NW2d 870 (2005), lv pending.1 However, we conclude that Apsey was wrongly decided, and we declare a conflict with the decision in Apsey pursuant to MCR 7.215(J)(2); we follow Apsey only because we are required to do so. This appeal has been…