Detroit, MI asked in Landlord - Tenant for Michigan

Q: Do I create a new appeal for post judgement proceedings or amend earlier appeal of judgement?

Greetings, lawyers.

I'm a Tenant in Detroit, MI (Wayne County) currently in Landlord-Tenant Proceedings. I appealed a decision from 36th District Court to 3rd Circuit Court. The Landlord started post-judgment proceedings in 36th District Court and we entered a Consent Judgment through fraud (misrepresentation and omission) and unilateral mistake as a result of fraud. The 36th District Court denied the Motion to reopen the case and provide relief from the Order. I plan to appeal that decision, but I'm unsure of if I should file a new appeal in 3rd Circuit Court or amend the appeal that is already in the court? I've already filed briefs and reply briefs and was waiting on trial court transcripts to file a supplemental brief. Any help is appreciated, thank you!

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: I would suggest you retain an attorney ASAP. Just in what you state is the posture of the case, there are several procedural problems to your detriment. First, I'm not sure what you understood the consent judgment to be, but it implies a final order made by the agreement of both parties. You are alleging that was entered through some sort of fraud, however, the court is going to hold you to what you agreed to unless you can prove what you say through clear and convincing evidence - "I didn't know / understand" or "I'm not an attorney" isn't going to cut it.

You really need to be sure of the procedure. Appeals from district to circuit court are similar but a bit different from appeals to the court of appeals. And if you miss deadlines, you are SOL.

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