(800) 597-0284

39111 Six Mile Road

Livonia, MI 4815

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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 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. The Michigan Supreme Court has made several changes to the court rules governing final judgments and orders in an attempt to clarify the situation. For instance, the Supreme Court has told us that the Michigan Court of Appeals has power to hear appeals from circuit courts where there’s:

 

  • 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 victories included:

     

 

If you believe that a trial court committed error in your case, we can help you.  Please give us a call.



 

DISCLAIMER: All information contained in this website is for education purpose only and is not intended to be legal advice.  Moreover, communication with this firm does not form an attorney-client relationship. That relationship only occurs upon the execution of a retainer agreement.  Moreover, while the information contained in this communication may be based on laws and court rulings, it must not be relied upon as legal advice on specific facts. Law Offices of RL Johnson PLLC, its agents and affiliates cannot and will not render any legal or tax advice of any kind, unless said agent is duly licensed by the applicable state and/or federal authority to give said advice.

© 2012 by Law Offices RL Johnson PLLC