Opinion
362104
11-17-2022
In re Barner
LC No. 2011-003033-FC
Christopher P. Yates Presiding Judge, David H. Sawyer, Douglas B. Shapiro Judges
ORDER
The complaint for superintending control is GRANTED. Plaintiff moved for relief from judgment on five grounds on September 29, 2017. In an opinion and order entered on April 17, 2018, the trial court directed the prosecutor to file an answer addressing the merits of plaintiff's first, second, and fourth grounds for relief. The trial court rejected plaintiff's third and fifth grounds for relief on their merits. Although the trial court denied plaintiff's motion to amend his September 19, 2017 motion for judgment relief by order entered on June 19, 2019, that order provides no resolution of the three outstanding issues raised in the September 19, 2017 motion. A resolution of these three issues remains outstanding. Plaintiff is entitled to a resolution of those issues. Legal Aid &Defender Ass'n, Inc v Wayne County Circuit Court, 475 Mich. 1209, 1209; 714 N.W.2d 292 (2006). The Berrien Circuit Court is DIRECTED to enter a written order disposing of Issues I, II, and IV as raised in plaintiff's September 19, 2017 motion for relief from judgment within 21 days of the entry of this order and to cause a copy of that order to be served on the plaintiff.
The Court does not retain jurisdiction. This order has immediate effect. MCR 7.215(F)(2).