Opinion
369768
05-28-2024
MICHAEL D MIER v. DEPARTMENT OF CORRECTIONS
LC No. 23-000116-MB
Kathleen A. Feeney Presiding Judge Stephen L. Borrello Deborah A. Servitto Judges
ORDER
On the Court's own motion the May 1, 2024 order is VACATED. While appellee/cross-appellant's answer opposing appellant's motion to withdraw its appeal was not actually received by this Court until May 2, 2024 the proof of service provided with the answer indicates appellee/cross-appellant provided it to correctional facility staff for mailing within the time for timely filing an answer. Thus, the Court accepts that the answer was timely filed per MCR 1.112. Therefore, appellant's appeal could not properly be dismissed by a mere Clerk's Office order under MCR 7.218(A).
Appellant's motion to withdraw its appeal is GRANTED because appellee/cross-appellant has provided no sound basis to deny the motion. Further, the cross-appeal remains pending per MCR 7.207(D). However, as stated in this Court's May 14, 2024 order, it is now cross-appellant's responsibility to order a transcript of the January 23, 2024 hearing. The time for cross-appellant to order a transcript of that hearing is EXTENDED until 21 days after the date of this order. Failure by cross-appellant to secure the filing with this Court of a copy of a stenographer's certificate ordering preparation of a transcript of the January 23, 2024 hearing within 21 days after the date of this order may result in submission of the cross-appeal for involuntary dismissal under MCR 7.217.
The motion to extend time for filing cross-appellant's brief is DENIED because the time for filing cross-appellant's brief will not begin to run until the transcript of the January 23, 2024 hearing is filed with the trial court. MCR 7.212(A)(1)(a)(iii).