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Kirkaldy v. Rim6/4/2002
davit of merit successfully tolled the limitations period. However, this issue was neither raised in defendants' statement of questions presented, nor raised by plaintiffs in their cross-appeal. Therefore, we need not address this issue. Caldwell v Chapman, 240 Mich App 124, 132; 610 NW2d 264 (2000); Check Reporting Services, Inc v Michigan Nat'l Bank, 191 Mich App 614, 628; 478 NW2d 893 (1991).
We conclude under the facts of this case that the trial court correctly determined that the proper sanction for plaintiffs' nonconforming affidavit of merit was dismissal without prejudice.
Affirmed.
Martin M. Doctoroff
Kirsten Frank Kelly
Harold Hood
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