Q: Should I notify District Court of Circuit Court's dismissal without prejudice & my intent to re-file a late Appeal?
The District Court recently entered a Judgment against me, but I filed for Appeal before the Judgment was signed. The Judgment is now signed.
My appeal to Circuit Court of the District Court's decision recently got dismissed without prejudice for premature filing. They said to refile a Late Appeal pursuant to MCR 7.105(G). I want to re-file the Appeal as an Application for Leave to File A Late Appeal. The proceedings in District Court is stayed pending Circuit Court's ruling. Do I need to notify District Court of Circuit Court's dismissal without prejudice & my intent to re-file a late Appeal before filing the late Appeal in Circuit Court?
I'm indigent. I've contacted multiple lawyers & legal aid offices & have applied to the Modest Means Program. Everything has been unsuccessful. It's very difficult to retain a lawyer that's affordable, so if that's your response, please also reccommend lawyers who provide affordable limited scope representation to indigents, thank you.
A: When you refile in the lower court, just indicate somewhere in your filing that the higher court dismissed without prejudice to refile in the lower court, and include a copy of the higher court's order at that time.
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