Opinion
361995
01-04-2023
In re Reiher
LC No. 17-006034-01-FC
Noah P. Hood Presiding Judge, Christopher M. Murray, Michael J. Riordan Judges
ORDER
Pursuant to MCR 7.206(D)(4) and MCR 3.302(D)(2), the complaint for superintending control is DISMISSED because plaintiff's appeal in Docket No. 363433, People v Jeffrey Paul Reiher, provides an "adequate remedy" that precludes relief in the form of superintending control. See In re Payne, 444 Mich. 679, 687; 514 N.W.2d 121 (1994). Nevertheless, as explained in our order in Docket No. 363433, we agree that the trial court abused its discretion by failing to adjudicate the motion for a Ginther hearing either before ruling on the related motion for relief from judgment or contemporaneously.
People v Ginther, 390 Mich. 436; 212 N.W.2d 922 (1973).