Detroit, MI asked in Appeals / Appellate Law, Civil Litigation and Landlord - Tenant for Michigan

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.

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

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.