Opinion
360704
08-25-2022
Brenda Bradley v. David Swanson
LC No. 21-007249-CH
James Robert Redford Presiding Judge David H. Sawyer Christopher P. Yates Judges
ORDER
The motion to waive fees is GRANTED for this case only.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal, the February 9, 2022 order revoking plaintiff's circuit court fee waiver and the February 23, 2022 order denying reconsideration are VACATED. MCR 2.002(A)(4) directs "[i]f fees are waived under this rule before judgment, then waiver continues through the date of judgment unless ordered otherwise under subrule (J)." Subrule J provides: "If the payment of fees has been waived under this rule, the court may on its own initiative order the individual for whom the fees were waived to pay those fees when, upon a finding of fact, the court determines the reason for the waiver no longer exists." MCR 2.002(J). A finding that plaintiff paid property taxes on the parcel at issue is insufficient, by itself, to establish that she no longer remains indigent under MCR 2.002. This matter is REMANDED to the Kent Circuit Court to allow plaintiff the opportunity to demonstrate her continued indigence under MCR 2.002. This order has immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.