Opinion
360376
08-02-2022
Gretchen Haist v. Dennis Haist
LC No. 20-206777-DO
ORDER
Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.216(A)(10), orders:
That the application for leave to appeal is DISMISSED, and that the motion to substitute is DENIED.
Plaintiff filed a notice of defendant's death with this Court, and it has been more than 91 days since the notice was filed. MCR 2.202(A)(1) allows a court to order substitution of "proper parties." "Unless a motion for substitution is made within 91 days after filing and service of a statement of the fact of the death, the action must be dismissed as to the deceased party, unless the party seeking substitution shows that there would be no prejudice to any other party from allowing later substitution." MCR 2.202(A)(1)(b). Here, plaintiff filed a late motion to substitute, but did not name a specific party she wished to have substituted as a defendant, nor did she specify whether a personal representative had been appointed. Furthermore, she failed to present an argument about prejudice. Under these circumstances, MCR 2.202(A) requires that the application for leave to appeal be dismissed.