Full record / 25-003547 Corrected Extend Default.pdf

25-003547 Corrected Extend Default.pdf

Kimberly Blackmon, Petitioner V City Of Detroit, Respondent · 25-003547-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 

Kimberly Blackmon, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

SMALL CLAIMS DIVISION 

 

 

v 

 

MTT Docket No. 25-003547 

 

City of Detroit, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

CORRECTED ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT 

 

ORDER VACATING NOVEMBER 5, 2025 NOTICE OF NO ACTION 

 

The Tribunal has considered the file in this case and finds that it entered an order 

holding Petitioner in default on October 7, 2025, because Petitioner failed to complete 

the petition, specifically section 7, and 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 filing a completed amended petition. Petitioner was also required to obtain a 

copy of the BOR results from Respondent and file a copy of those results with the 

Tribunal within 14 days.2 Petitioner failed to respond, and on November 4, 2025, the 

Tribunal entered an order extending time to cure the default. The Tribunal erred in the 

entry of that order because Petitioner timely responded to the order of default on 

October 27, 2025; the response had simply not yet been processed. Having now filed 

an amended petition, Petitioner has partially complied with the Tribunal’s orders. 

Petitioner failed again, however, to include a copy of the BOR results. Though the 

Tribunal finds one final 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 the dismissal of the case for 

failure to timely comply with this order.3 

 

Further, on November 5, 2025, the Tribunal issued a Notice of No Action in response to 

Petitioner’s filing of the amended petition, requiring Petitioner to file a Motion to Set 

Aside Default. The Tribunal erred in the entry of that notice because the notice was 

sent prematurely. Petitioner’s response was filed prior to the issuance of the order 

extending default, and therefore, no motion was yet required.4 Therefore, 

 

IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. 

 

 

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 A complete list of Tribunal rules and forms can be found online at www.michigan.gov/taxtrib. 

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

4 Although the issuance of the November 5, 2025 Notice of No Action was erroneous, upon completion of 

this order a motion will be required to set aside the default.

Page 2

MTT Docket No. 25-003547 

Page 2 of 2 

 

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. The foregoing must be filed 

with the Tribunal within 14 days of the entry of this order.5 

 

IT IS FURTHER ORDERED the November 5, 2025 Notice of No Action has been 

VACATED. 

 

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

TTR 237.6 

 

 

 

Entered: November 6, 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 

 

 

 

 

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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