25-002032 Extend Default (Put Motion in Abeyance).pdf
Tim Muflihi, Petitioner Vs. City Of Detroit, Respondent · 25-002032-TT
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Tim Muflihi, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 25-002032 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER HOLDING PETITIONER’S MOTION TO SET ASIDE DEFAULT IN ABEYANCE ORDER EXTENDING THE TIME FOR PETITIONER TO CURE DEFAULT On September 19, 2025, Petitioner filed an ET Case Information Sheet, and on September 21, 2025, Petitioner filed a Motion to Set Aside Default, both in response to the order placing Petitioner in default issued on August 7, 2025. Respondent has not filed a response to the motion. The Tribunal has considered Petitioner’s response, the motion, and the case file and finds that Petitioner was held in default because Petitioner filed a Small Claims petition form for an appeal pending in the Entire Tribunal Division.1 A list of Tribunal rules, petition forms, and information on filing fees are available online at www.michigan.gov/taxtrib. Petitioner failed to respond to the order of default, and the Tribunal entered an order extending the time to cure on September 4, 2025. Though Petitioner timely responded and filed a motion to set the default aside, they failed to cure the default because they filed an Entire Tribunal Case Information Sheet, rather than the requisite Entire Tribunal petition. As a result, Petitioner’s attempt to cure the default is incomplete. While the Tribunal finds one final extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify the dismissal of the case for failure to timely comply with this order.2 Therefore, IT IS ORDERED that Petitioner’s Motion to Set Aside Default is held in ABEYANCE. IT IS FURTHER ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file an Entire Tribunal petition, and (2) pay the additional filing fee owed for 1 The order further stated: “Failure to comply with this order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee).” 2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
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MTT Docket No. 25-002032 Page 2 of 2 filing of the petition, if any, and (3) file a Proof of Service-Petition form, evidencing service of the petition on the six parties in interest.3 IT IS FURTHER ORDERED that the petition shall note the docket number assigned by the Tribunal and if filed utilizing the Tribunal’s e-filing system, must be filed on the assigned docket number as an “Amended Petition.” Unfortunately, the payment of any additional petition filing fee may not be made via e-filing. The foregoing must be filed with the Tribunal within 14 days of entry of this order.4 Failure to comply with this order shall result in dismissal of the case or the scheduling of a default hearing, as provided by TTR 237.5 Entered: October 29, 2025 By _____________________________ kac/jcr PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk 3 TTR 227(6). 4 “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 225(5). 5 See also MCL 205.732.