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Questions/deadline for reconsideration of superintending control

Discussion in 'Civil Court, Procedure & Litigation' started by ray5450, Jan 24, 2022.

  1. ray5450

    ray5450 Law Topic Starter New Member

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    Jurisdiction:
    Michigan
    I'm new here, but I have been a member of several other law groups that have since fizzled out. Below is some background and questions of my current case:

    I filed an appeal in circuit court. Court rules require a notice to be sent to the parties that starts the time toll to file appellant brief. The court tried to dismiss my appeal for untimeliness, but the docket sheets, phone call to court clerks, and the records show that no such notice was sent or exists, so per court rules, the time has not started tolling to this day. I filed for reconsideration stating the forgoing. There is no record of a ruling on that motion, so that is also still pending. (These were over a year ago.) Since I could not file a continued appeal due to both this appeal and a motion both still pending, I filed for superintending control to the Court of Appeals to order the circuit court to either rule on the appeal, or rule on the motion. I received from Court of Appeals an order with only 7 words in it: "The complaint for superintending control is denied."

    I believe I need to file for reconsideration and a motion for findings of fact and conclusions of law, but I am not sure how to do both since the court did not say what it considered or what it did not consider, how would one be able to ask the court to reconsider, or what to reconsider, or how to combine it with a motion for findings, and I would need the findings first in order to have the information for reconsideration. I started it to just use multiple motions, including for more time to file reconsideration dependent on the findings. (?)

    I also have these questions:
    Is it possible/appropriate to file an appeal on a ruling for superintending control?

    With appeals to secondary appeals court, I always wondered whether to ask the secondary appeals court to direct its action toward the primary appeals court to in turn direct action to the original court, or to ask the secondary appeals court to direct its action right to the original court. (?)

    I just found that superintending control might require a statement of standards of review. I'll note them in a reconsideration, which I am currently working on. Are disregarding the court rules and failure to rule both abuse of discretion?

    Is it allowed here to review documents and make suggestions to me?

    Thank-you.
     
  2. Zigner

    Zigner Well-Known Member

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    Your matter is beyond the scope of an internet legal forum. You should consult with legal counsel.
     
    zddoodah likes this.
  3. adjusterjack

    adjusterjack Super Moderator

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    That alone speaks to the need for an attorney.
     
    zddoodah and Zigner like this.
  4. zddoodah

    zddoodah Well-Known Member

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    Ditto the two prior responses. Also, to the best of my knowledge, no one who posts here regularly is in Michigan (much less a MI attorney with fluency with the rules of appellate procedure).
     
    Zigner likes this.
  5. ray5450

    ray5450 Law Topic Starter New Member

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    I thought someone here would. That's the point. This site is not what I thought it was. Go ahead and delete these posts and my account.
     

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