Opinion
No. 107538.
Summary Disposition August 29, 1997.
In lieu of granting leave to appeal, the order of the Court of Appeals dismissing the plaintiffs' delayed application for leave to appeal is vacated, and the case is remanded to that Court for further consideration. MCR 7.302(F)(1). If the Court of Appeals determines that the defect to which it referred in its order of dismissal was the failure by the plaintiffs to file a brief, the Court of Appeals is then to determine whether the clerk of the Court of Appeals sent a letter to the plaintiffs providing that the application would be dismissed if a brief was not filed within fourteen days and, if that is the case, whether a brief was timely filed by the plaintiffs in response to such a letter. If the failure to file a brief was the reason for the dismissal, but it is determined that a brief was timely filed, the Court of Appeals is to treat the delayed application as a claim of appeal. If the Court of Appeals, however, determines that there was some other defect which was not cured by the plaintiffs, the Court of Appeals may take any action consistent with the Michigan Court Rules including the dismissal of the delayed application for leave to appeal. Jurisdiction is not retained. Court of Appeals No. 192180.