If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN COURT OF APPEALS

C-SPINE ORTHOPEDICS, PLLC, UNPUBLISHED March 30, 2023 Plaintiff-Appellant, v No. 360887 Macomb Circuit Court ALLSTATE INSURANCE COMPANY, LC No. 2020-002560-NF Defendant-Appellee.

Before: CAVANAGH, P.J., and MARKEY and BORRELLO, JJ.

MARKEY, J. (concurring).

I concur in the majority opinion solely because I am bound to do so under MCR 7.215(J)(1).

For the reasons stated in my dissenting opinion in C-Spine Orthopedics, PLLC v Progressive Mich Ins Co, ___ Mich App ___, ___; ___ NW2d ___ (2022) (Docket Nos. 358170 and 358171); slip op at 9-19, I would hold, if not otherwise obligated, that C-Spine lacks standing in this case and is not the real party in interest.

I respectfully concur.

/s/ Jane E. Markey

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