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24-003653 Recon Grant and Default P.pdf

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

Joseph A Winfield, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

v 

 

MTT Docket No. 24-003653 

 

City of Detroit, 

 

Presiding Judge 

Respondent. 

 

Jason C. Grinnell 

 

ORDER GRANTING PETITIONER’S MOTION FOR RECONSIDERATION 

 

ORDER REINSTATING CASE 

 

ORDER HOLDING PETITIONER IN DEFAULT 

 

On March 24, 2025, Petitioner filed a motion requesting that the Tribunal reconsider the 

Order of Dismissal entered in this case on March 5, 2025. In the motion, Petitioner 

states that they did not intentionally refuse to comply with the Tribunal’s orders and that 

they were unaware of the motion filing fee requirement. 

 

The Tribunal has considered the motion and the case file and finds that Petitioner has 

demonstrated a palpable error relative to the Order of Dismissal that misled the Tribunal 

and the parties and that would have resulted in a different disposition if the error was 

corrected.1 Specifically, the Tribunal finds that Petitioner has demonstrated a history of 

failing to comply with Tribunal orders and rules by not paying the required filing fees, 

failing to respond to the original Order of Default, only partially complying with the Order 

Extending Default, and failing to respond to the Notion of No Action. Given Petitioner’s 

statement that these failures were not intentional, the Tribunal finds no deliberate delay 

by Petitioner.2 Further, there is no indication that Respondent has suffered any 

prejudice.3 Petitioner still has not paid the fees required for the filing of the petition and 

the Motion to Set Aside Default, however, or filed proof that the Motion to Set Aside 

Default was served on Respondent. Petitioner is subject to default as a result, and 

failure to fully comply with this order will be considered both willful and deliberate so as 

to warrant dismissal of the case.4 

 

Therefore, 

 

IT IS ORDERED that Petitioner’s Motion for Reconsideration is GRANTED. 

 

1 See MCR 2.119(F)(3). A palpable error is one that is “easily perceptible, plain, obvious, readily visible, 

noticeable, patent, distinct, or manifest.” Luckow v Luckow, 291 Mich App 417, 426 (2011) (quotation 

marks and citation omitted). 

2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 

3 Id. At 149. 

4 See TTR 237.

Page 2

MTT Docket No. 24-003653 

Page 2 of 2 

 

IT IS FURTHER ORDERED that the case is REINSTATED. 

 

IT IS FURTHER ORDERED that Petitioner is HELD IN DEFAULT. 

 

IT IS FURTHER ORDERED that Petitioner shall (1) pay the remaining $100.00 owed for 

the petition filing fee, (2) pay the $25.00 motion fee for the Motion to Set Aside Default, 

and (3) file proof the Motion to Set Aside Default was served on Respondent. The 

foregoing must be filed with the Tribunal within 14 days of the entry of this order.5 

 

Failure to comply with this order will result in dismissal of the case, as provided by TTR 

237.6 

 

 

Entered: April 30, 2025 

 

 

By _______________________________ 

cs 

 

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 

 

 

 

 

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 

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.

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