Opinion
359093
01-31-2022
People of MI v. Martin Ernest Grant
LC No. 88-005068-01-FC
Cynthia Diane Stephens Presiding Judge, Kirsten Frank Kelly, Michael J. Riordan Judges
ORDER
The motion to waive fees is GRANTED for this case only.
Pursuant to MCR 7.205(E)(2), in lieu of granting leave to appeal, the Wayne Circuit Court's order dated June 8, 2021, which was entered on June 17, 2021, is VACATED, and this matter is REMANDED to the circuit court for further proceedings consistent with both this order and In re Grant, unpublished order of the Court of Appeals, entered March 25, 2020 (Docket No. 351792). By ignoring this Court's clear holdings and directives on remand from in In re Grant, the trial court violated the "rule of mandate," thereby "effectively exceeding the remand's jurisdictional scope." See Int 'l Business Machines, Corp v Dep't of Treasury, 316 Mich.App. 346, 352; 891 N.W.2d 880 (2016); accord People v Blue, 178 Mich.App. 537, 539; 444 N.W.2d 226 (1989). To reiterate: "On remand, the circuit court shall accept plaintiffs disputed motion for filing pursuant to MCR 6.502(G)(2), refer that motion for decision by the appropriate judge, and then enter an order disposing of the motion on the merits pursuant to MCR 6.508(E)." In re Grant, unpub order at 1 (emphasis added). See also id. ("plaintiffs successive motion for relief from judgment was based on a retroactive change in law that occurred after the first motion for relief from judgment") (quotations marks and citation omitted; emphasis added).
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.