Trakhtenberg v. McKelvy, Docket No. 140150.

493 Mich. 946

828 N.W.2d 18

Jacob TRAKHTENBERG, Plaintiff–Appellant,

v.Deborah H. McKELVY, Defendant–Appellee.

Docket No. 140150.

COA No. 285247.

Supreme Court of Michigan.

March 27, 2013.

Prior report: Mich.App., 2009 WL 3465436.

Order

By order of April 27, 2010, the application for leave to appeal the October 27, 2009 judgment of the Court of Appeals was held in abeyance pending the decision in People v. Trakhtenberg (Docket Nos. 138875, after remand 143386). On order of the Court, the case having been decided on December 21, 2012, 493 Mich. 38, 826 N.W.2d 136 (2012), the application is again considered. In People v. Trakhtenberg, this Court held that Trakhtenberg was deprived of his right to the effective assistance of counsel. Given this, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the Oakland Circuit Court's ruling that the defendant was entitled to summary disposition of the plaintiff's legal malpractice claim on a collateral estoppel theory. We further VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration in light of our decision in People v. Trakhtenberg.

We do not retain jurisdiction.