25-003042 Extend Default NNA.pdf
Charles Smith, Petitioner V City Of Detroit, Respondent · 25-003042-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 Charles Smith, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 25-003042 City of Detroit, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in this case and finds that it entered an order holding Petitioner in default on September 23, 2025, because Petitioner failed to file a copy of the notice giving rise to the appeal, i.e. March Board of Review (BOR) results.1 Petitioner was required to cure the default by obtaining a copy of the BOR results from Respondent and submit a copy to the Tribunal within 14 days. Additionally, as stated in the September 23, 2025 Notice of No Action, the Tribunal found that the petition identifies an attorney or authorized representative. However, the attorney or authorized representative did not sign the pleading.2 As such, the attorney or authorized representative has not appeared on behalf of the party and an appearance must be filed.3 Petitioner has had ample time to comply, yet has failed to respond or submit the required filings. Though the Tribunal finds an 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 dismissal of the case for failure to timely comply with this order.4 Therefore, IT IS 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 a copy of the March BOR results, (2) file a Motion to Set Aside Default, and (3) file proof the motion was served on Respondent. IT IS FURTHER ORDER that if Petitioner is being represented by an attorney or authorized representative, Petitioner’s attorney or authorized representative must file an appearance. The foregoing must be filed with the Tribunal within 14 days of the entry of this order.5 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 TTR 229. 3 TTR 229(3). 4 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 5 “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
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MTT Docket No. 25-003042 Page 2 of 2 Failure to comply with this order may result in the dismissal of the case, as provided by TTR 237.6 Entered: October 28, 2025 By _____________________________ kac 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 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). 6 See also MCL 205.732.