24-004238 SAD.pdf
Twdm13 LLC, Petitioner V City Of Ovid, Respondent · 24-004238-TT
Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.
Page 1
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 TWDM13 LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-004238 City of Ovid, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING PETITIONER’S MOTION TO SET ASIDE DEFAULT ORDER PLACING RESPONDENT IN DEFAULT On February 24, 2025, Petitioner filed a motion requesting the Tribunal set aside the default entered in this case on January 21, 2025. Respondent has not filed a response to the motion. The Tribunal has considered the motion and the case file and finds that Petitioner was held in default because they filed the wrong petition, did not pay the full required filing fee, and did not submit a multi-parcel petition form. Petitioner timely responded but failed to cure the default, and the Tribunal entered an order extending the time to cure on February 14, 2025. The Tribunal partly erred in the entry of the February 14, 2025 order because Petitioner paid the fee on February 5, 2025. The fee simply had not been processed as of the entry of that order. Having now filed the petition, multi-parcel petition form, petition fee, motion, motion fee, and proof of service of the motion, Petitioner has complied with the Tribunal’s orders as required by TTR 237. As such, the Tribunal finds good cause to grant the motion and set aside the default. The Tribunal further finds that it entered a Notice of Docket Number on January 17, 2025. That notice indicated in pertinent part that Respondent was required to file an answer to the petition within 28 days. Sufficient time to respond was allowed, but no response was received. Respondent is therefore subject to default under Tribunal rules.1 Therefore, IT IS ORDERED that Petitioner’s Motion to Set Aside Default is GRANTED. IT IS FURTHER ORDERED that Respondent is held in DEFAULT. IT IS FURTHER ORDERED that Respondent must complete the following to cure the default: file an answer to the petition. The foregoing must be filed with the Tribunal 1 TTR 237.
Page 2
MTT Docket No. 24-004238 Page 2 of 2 within 14 days of entry of this Order.2 Failure to comply with this Order will result in Respondent being required to file a motion to set aside the default (with appropriate filing fee). Entered: April 9, 2025 By _____________________________ bw/sb 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 2 “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).