24-003912 Dismiss x2.pdf

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

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 failed to pay the full amount due when 

filing the petition. No response was received, and on November 12, 2024, the Tribunal 

extended the time for Petitioner to cure the default by an additional 14 days. Petitioner 

filed a Motion to Set Aside Default on November 13, 2024, but failed to include the 

remaining filing fee for filing the petition, failed to include the motion filing fee, and failed 

to submit proof the motion was served on Respondent. The Tribunal issued a Notice of 

No Action on January 28, 2025, indicating that without the proof of service the Tribunal 

would not take action on the motion, and allowed Petitioner 14 days to respond. 

Petitioner failed to respond and, on March 5, 2025, the Tribunal dismissed this case. 

Petitioner filed a Motion for Reconsideration on March 24, 2025, indicating the failure to 

respond was not willful, just simply that Petitioner was unaware of how to properly set 

aside the default. On April 30, 2025, the Tribunal granted the motion and issued an 

Order Reinstating the Case and an Order Holding Petitioner in Default, again, requiring 

Petitioner to pay the additional $100.00 filing fee owed for filing the petition, pay the 

$25.00 filling fee for the filing of the Motion to Set Aside Default, and file proof the 

Motion to Set Aside Default was served on Respondent. Petitioner has not responded, 

and thus has not complied numerous orders, with the later stating that “failure to comply 

with this Order may result in the dismissal of the case . . .” and referenced Grimm v 

Dep’t of Treasury.1 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.2 

 

 

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

2 Id. at 149.

MTT Docket No. 24-003653 

Page 2 of 3 

 

Here, Petitioner has failed to comply with multiple Tribunal orders and failed to properly 

set aside their default which has established a history of deliberate delay. As a result, 

giving careful consideration to the factors involved and considering all options in 

determining what sanction is just and proper, the Tribunal finds that dismissal is 

appropriate, and a lesser sanction would not be appropriate in light of Petitioner’s 

history of noncompliance in this case. 

 

Therefore, 

 

IT IS 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. 

 

 

Entered: May 28, 2025 

 

 

 

By _____________________________ 

kac

MTT Docket No. 24-003653 

Page 3 of 3 

 

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

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