24-003653.pdf

Joseph A Winfield, Petitioner V City Of Detroit, Respondent · 24-003653-TT

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RECEIVED 

MAR 2 8 2025 

MICHIGAN TAX TRIBUNAL 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Joseph A Winfield, 

MICHIGAN TAX TRIBUNAL 

Petitioner, 

SMALL CLAIMS DIVISION 

v 

MTT Docket No. 24-003653 

City of Detroit, 

Presiding Judge 

Respondent. 

Patricia L. Halm 

ORDER OF DISMISSAL 

The Tribunal has considered the file in this case and finds that Petitioner was placed in 

default on October 4, 2024, because Petitioner did not pay the full required petition filing 

fee. 

On November 12, 2024, the Tribunal extended the time for Petitioner to cure the 

default by an additional 14 days and they have failed to respond. 

Specifically, while 

Petitioner did attempt to file a Motion to Set Aside Default, Petitioner did not pay the 

required fee for the filing of the motion. As a result, the Tribunal entered a Notice of No 

Action on January 28, 2025, and indicated Petitioner must submit the motion fee within 

14 days or else the motion would not be properly pending. 

Petitioner was allowed 

sufficient time to respond, but no motion filing fee was submitted. As a result, no action 

shall be taken with respect to the motion. 

Petitioner has not complied with multiple Tribunal orders, and the latter stated that 

“failure to comply with this Order shall result in the dismissal of the case 

. 

. 

.” and 

referenced Grimm v Dep't of Treasury." 

In Grimm, the Michigan Court of Appeals 

summarized factors that the Tribunal should consider before imposing the sanction of 

dismissal. Those factors are: 

(1) whether the violation was wilful or accidental; (2) the party's history of 

refusing to comply with previous court orders; (3) the prejudice to the 

opposing party; (4) whether there exists a history of deliberate delay; (5) 

the degree of compliance with other parts of the court's orders; (6) 

attempts to cure the defect; and (7) whether a lesser sanction would better 

serve the interests of justice.? 

Here, Petitioner's failure to comply with multiple orders has established a history of 

deliberate delay. As a result, considering the factors involved and considering all

MTT Docket No. 24-003653 

£0 

mn. 

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rage Ete 

IT {S ORDERED that this case is DISMISSED. 

This Order resolves all pending claims in this matter and closes this case. 

APPEAL RIGHTS 

If you disagree with the final decision in this case, you may file a motion for 

reconsideration with the Tribunal or a claim of appeal with the Michigan Court of 

Appeals. 

A motion for reconsideration must be filed with the Tribunal with the required filing fee 

within 21 days from the date of entry of the final decision. Because the final decision 

closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing 

system; it must be filed by mail or personal service. The fee for the filing of such 

motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless 

the Small Claims decision relates to the valuation of property and the property had a 

principal residence exemption of at least 50% at the time the petition was filed or the 

decision relates to the grant or denial of a poverty or disabled veterans exemption and, 

if so, there is no filing fee. You are required to serve a copy of the motion on the 

opposing party by mail or personal service or by email if the opposing party agrees to 

electronic service, and proof demonstrating that service must be submitted with the 

motion. Responses to motions for reconsideration are prohibited and there are no oral 

arguments unless otherwise ordered by the Tribunal. 

Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. 

If the 

claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” 

If 

the claim is filed more than 21 days after the entry of the final decision, it is an “appeal 

by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the 

record on appeal. There is no certification fee. 

I 

) 

Entered: March 5, 2025 

By Falun oF lam 

bw 

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.

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