LAW OFFICES OF RL JOHNSON
Disclaimer: The information provided herein is provided for informational purposes only and does not purport and is not intended to solicit, initiate, or form an
Attorney-Client relationship. Moreover, while some of the information found on this site is based on laws and court rulings, it is not intended to be legal advice and must
not be relied upon as legal advice on specific facts.
Attorney-Client relationship. Moreover, while some of the information found on this site is based on laws and court rulings, it is not intended to be legal advice and must
not be relied upon as legal advice on specific facts.
Law Offices of RL Johnson | Copyright © 2007 All Rights Reserved.
Member of Michigan Business Directory
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LOCATIONS
MAIN OFFICE
Livonia Michigan
39111 Six Mile Road
Livonia, Michigan 48152
Tel.: (734) 521-2501
Fax: (800) 597-0284
Our Other Locations
- Southfield Michigan
Call for an appointment: (800) 597-0284
Bloomfield Hills Michigan
Call for an appointment: (888) 443-4146
Novi Michigan
Call for an appointment: (800) 545-8930
APPEALS
Generally speaking, taking an appeal to the Michigan Court of Appeals is done either by filing a claim of appeal
or by filing an application for leave. More importantly, an appellate court will generally not consider any issue
not raised in and ruled on by the lower court. Moreover, roughly 26% of the cases submitted to the Michigan
Court of Appeal are settled on appeal.
In civil cases, you do not have to post a bond of any kind in order to appeal to the court of appeals. However,
if you are appealing a money judgment, you will most likely want a stay of proceedings. Otherwise, the
judgment creditor is entitled to execute on the judgment. In civil cases, the execution on a judgment is
automatically stayed for 21 days after entry. MCR 2.614(A)(1). There are exceptions, typically for orders for
injunctive relief and some domestic relations orders. MCR 2.614(A)(2).
Final judgments and orders are appealable as of right, while interlocutory orders (i.e., temporary orders) are
appealable only with the court’s permission. Thus, if you’re considering an appeal, you must know which
judgments or orders are final and which are not. While the distinction may seem cut and dried, it has been
debated and litigated in the appellate courts. In an attempt to clarify the situation, the Michigan Supreme Court
has made several changes to the court rules governing final judgments and orders. For instance, the Supreme
Court has told us that the Michigan Court of Appeals has power to hear appeals from circuit courts where
there is:
While the odds of success on appeal are statistically low, we win cases on appeal. Our recent successes include:
If you believe that a trial court committed error in your case, we can help you. Please give us a call.
Generally speaking, taking an appeal to the Michigan Court of Appeals is done either by filing a claim of appeal
or by filing an application for leave. More importantly, an appellate court will generally not consider any issue
not raised in and ruled on by the lower court. Moreover, roughly 26% of the cases submitted to the Michigan
Court of Appeal are settled on appeal.
In civil cases, you do not have to post a bond of any kind in order to appeal to the court of appeals. However,
if you are appealing a money judgment, you will most likely want a stay of proceedings. Otherwise, the
judgment creditor is entitled to execute on the judgment. In civil cases, the execution on a judgment is
automatically stayed for 21 days after entry. MCR 2.614(A)(1). There are exceptions, typically for orders for
injunctive relief and some domestic relations orders. MCR 2.614(A)(2).
Final judgments and orders are appealable as of right, while interlocutory orders (i.e., temporary orders) are
appealable only with the court’s permission. Thus, if you’re considering an appeal, you must know which
judgments or orders are final and which are not. While the distinction may seem cut and dried, it has been
debated and litigated in the appellate courts. In an attempt to clarify the situation, the Michigan Supreme Court
has made several changes to the court rules governing final judgments and orders. For instance, the Supreme
Court has told us that the Michigan Court of Appeals has power to hear appeals from circuit courts where
there is:
 | A final judgment or final order of the circuit court or the court of claims, but excluding the following | |
| judgments or orders of the circuit court – |
- on appeal from any other court or tribunal;
- in a criminal case in which the conviction is based on a plea of guilty or nolo contendere.
| An appeal from an order in a . . . |
- a postjudgment order affecting the custody of a minor;
- a postjudgment order awarding or denying attorney fees and costs; or,
- an order denying governmental immunity to a governmental party.
| A judgment or order of a court or tribunal from which appeal of right to the Court of Appeals has been | |
| established by law or court rule. |
While the odds of success on appeal are statistically low, we win cases on appeal. Our recent successes include:
| In the Matter of I. M. and M. M., Minors | |
| In the Matter of A. D. Davis | |
| In re Alvarez Minors (Pending on Order for Remand) |
If you believe that a trial court committed error in your case, we can help you. Please give us a call.
Use the following form to schedule a free consultation or to get more information about our company, products, or services.