Narrative Opinion Summary
The Michigan Supreme Court issued an order on May 29, 2008, concerning the case involving plaintiffs Richard M. Goodman and others against Marjorie J. Dahringer, as Personal Representative of the Estate of Douglas Koster. The Court of Appeals was previously directed to explain its jurisdiction over the case due to its procedural history. The Court of Appeals indicated that it would deny the motion for reinstatement filed on July 11, 2007, citing a lack of evidence for ‘mistake, inadvertence, or excusable neglect’ as required under MCR 7.217(D). Following the submission of this explanation, the Michigan Supreme Court decided not to grant leave to appeal and instead reversed the Court of Appeals' order that had reinstated the defendant’s appeal. The case has been remanded to the Court of Appeals for an order to dismiss the defendant's appeal. The Clerk of the Michigan Supreme Court, Corbin R. Davis, certified this order.
Legal Issues Addressed
Jurisdiction of Court of Appealssubscribe to see similar legal issues
Application: The Court of Appeals was required to justify its jurisdiction over the case due to its procedural history.
Reasoning: The Court of Appeals was previously directed to explain its jurisdiction over the case due to its procedural history.
Reinstatement of Appealsubscribe to see similar legal issues
Application: The Court of Appeals denied the motion for reinstatement based on a lack of evidence for mistake, inadvertence, or excusable neglect.
Reasoning: The Court of Appeals indicated that it would deny the motion for reinstatement filed on July 11, 2007, citing a lack of evidence for ‘mistake, inadvertence, or excusable neglect’ as required under MCR 7.217(D).
Remand for Dismissalsubscribe to see similar legal issues
Application: The case was remanded to the Court of Appeals with instructions to dismiss the defendant's appeal.
Reasoning: The case has been remanded to the Court of Appeals for an order to dismiss the defendant's appeal.
Supreme Court's Authority to Reversesubscribe to see similar legal issues
Application: The Michigan Supreme Court reversed the Court of Appeals' order that had reinstated the defendant’s appeal.
Reasoning: The Michigan Supreme Court decided not to grant leave to appeal and instead reversed the Court of Appeals' order that had reinstated the defendant’s appeal.