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24-004238 SAD.pdf

Twdm13 LLC, Petitioner V City Of Ovid, Respondent · 24-004238-TT

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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.

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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).

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