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Knobloch v. Langholz6/21/2002
g Blacks Law Dictionary (6th ed), p 58. In this case, as in Holmes, the document at issue lacks a jurat and plaintiff provides no other evidence that Dr. Meister's statement was made before a person duly authorized to administer an oath. The absence of a jurat or other evidence of verification requires a finding that the document fails to constitute an affidavit. Merrifield v Village of Paw Paw, 274 Mich 550 (1936). See also Kelley v City of Flint, 251 Mich 691, 695-696; 232 NW2d 407, (1930) Clarke v Wayne Circuit Judge, 193 Mich 33; 159 NW 387 (1916) (syllabus) ("A purported affidavit, on which perjury could not be assigned if it was wilfully false, would not, in law, be an affidavit at all.").
Since an affidavit of merit was not filed with the complaint, the complaint is properly dismissed without prejudice. Scarsella v Pollak, 461 Mich 547, 552; 607 NW2d 711 (2000). In addition, because the statute of limitations was not tolled and expired well before defendant's motion for summary disposition was filed and heard, the trial court correctly found that the complaint is now time-barred. Id. At 550-553.
IV. Conclusion
Because plaintiff failed to file an affidavit of merit with his complaint before the statute of limitations period elapsed, the trial court correctly ruled that plaintiff did not comply with MCL 600.2912d(1) and that summary disposition pursuant to MCR 2.116(C)(7) was properly granted in favor of defendants.
Affirmed.
Kathleen Jansen
Michael R. Smolenski
Kurtis T. Wilder
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