Q: Can I file a late appeal under MCR 7.105(G) as soon as I get the circuit court's signed dismissal without prejudice?
My appeal to circuit court was dismissed without prejudice for premature filing. Once the order dismissing the case without prejudice is signed, can I immediately file a late appeal to circuit court under MCR 7.105(G) or do I need permission from district court? I'm in Wayne County, Michigan.
(Update): The District Court has already ruled on the case/signed a judgment on the case.
A:
I'm confused by your question. It sounds like you are trying to appeal an eviction proceeding before a final order has been entered by the trial court (e.g., the district court). That is likely why the circuit court told you your filing was premature.
If this is an accurate read of your question, you need to focus your time, money, and efforts at resolving the trial matter, and worry about appeals later when or if the time comes. You likely need a lawyer, now, because procedurally, you are unknowingly venturing into a completely different ballpark. You cannot succeed legally without following the procedure.
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