26-001367 Extend Default.pdf
Tony Dimambro Petitioner V · 26-001367-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 Tony Dimambro, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 26-001367 Unknown, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT ORDER UPDATING DOCKET The Tribunal has considered the file in this case and finds that it entered an order holding Petitioner in default on August 31, 2026, because Petitioner failed to file the correct petition for the issue under appeal and failed to pay the full fee required for the filing of the petition.1 Petitioner was required to cure the default by submitting the correct petition form for the issue under appeal and paying the additional amount required for the filing of the petition within 14 days. Upon further review, it has been determined the Tribunal erred in the entry of that order as it failed to state Petitioner did not list the correct taxing authority, i.e., the city or township in which the property is located in, on the petition. Tribunal rules, Small Claims petition forms, and information on filing fees are available online at www.michigan.gov/taxtrib. 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.2 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 Small Claims Petition for Valuation Appeal form indentfying the correct taxing authority, indicating the docket number previously assigned by the Tribunal, and if filing via the Tribunal’s e-filing system, file as an “amended petition,” (2) pay the additional fee required for the filing of the petition, (3) file a Motion to Set Aside Default, (4) pay the $25.00 fee required for the filing of the motion, and (5) file proof the motion was served on Respondent. The foregoing must be filed with the Tribunal within 14 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 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
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MTT Docket No. 26-003428 Page 2 of 2 days of the entry of this order.3 Unfortunately, the petition filing fee may not be made through the e-filing system. IT IS FURTHER ORDERED the docket shall be updated to reflect Respondent as UNKNOWN. IT IS FURTHER ORDERED, upon receipt of the amended petition, Tribunal staff will update Respondent to the correct taxing authority and issue a new Small Claims Notice of Docket Number. Failure to comply with this order may result in the dismissal of the case, as provided by TTR 237.4 Entered: October 5, 2026 By: /s/ Patricia L. Halm kac/jc 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 3 “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). 4 See also MCL 205.732.