replied 1 year ago.
Q1: Actually, you did not really answer my question: As you know, there is a distinction between staying the execution of the Order and staying the entire trial court proceedings. The latter is what I was asking about. How do I get this judge to sign this order, when the Motion to Stay was unopposed and the Rule says he "shall" issue an Order to stay the proceeings under such circumstances? He just plain hasn't done it, and I believe he is in breach of the applicable rules of court. On the other hand, someone just scratched the May hearing off of the trial court calendar, so apparently the judge understands his order is stayed. How should I proceed to address his breach of the rules? (i.e., Hard to believe the appellate judge would hold the trial court judge in contempt, so procedurally, how do I do that?)Q2: No -- don't think you answered this one either: The fines were included in the trial court's DJ. On Friday, the appellate judge said the DJ was not a "final order", so in terms of the appeal, I would apparently need to file a petition for leave to appeal the DJ as well as the order I did challenge. On the other hand, the stay bond applies to the DJ fines, which are incorporated by reference into the order I challenged on appeal. So, arguably, the fines are stayed also based just on the appeal bond, but apparently, you are saying there is no case law on point. So, what is my argument to oppose the interest charges? Would I be able to allege the City can be held in contempt by the appellate court if they continue to assess interest on the stayed fines?Q3: No -- While it is true that I believe the district court erred, and he should never have issued the DJ in the first place, the other point is I need some time to address one of the infractions (roof repairs), which requires a lot of money, and my funds are already exhausted from the prior tenant not paying rent and basically destroying my house. So, the fact that appeals take considerable time to work their way through the courts is a good thing from my perspective -- I need time to recover financially from this "tenant from hell" situation.Q4: No -- The Appellee/Plaintiff filed an MTD to dismiss my appeal with the APPELLATE court. In this case, the county circuit court is the first appellate court, then one can appeal to the MI Court of Appeals, then one can appeal to the MI Supreme Court. Then, if you have an interesting Constitutional question -- I guess to the US Supreme Court.Q5: No -- So, I (appellant) won the MTD challenge filed by the appellee during yesterday's hearing. The appellate judge said the DJ was not a "final order", which of course, it isn't. But the judge described my appeal as "narrow" -- meaning I may need to seek leave to appeal other issues. So, next question is whether that can be done within the same pending appeal? (i.e., In Michigan the rules provide for a claim of appeal, for appeals as of right, and a petition for leave to appeal for non-final order appeals. If I understand the applicable rules, I believe I can now file a petition for leave to appeal other issues, in this case the civil infraction fines in the DJ and the DJ itself, within my current case, but I am asking you about this.) Is that something I can do within the current appeal, or do I need to file a petition for leave to appeal as a separate appeal case? If the latter, can I later consolidate the two?Also, I am supposed to write the Order for the Court since I was the prevailing party. And that raises another question: My Motion stated that the Appellee's Motion was meritless -- which it actually was, as the judge dismissed it without my even having to state my arguments orally - and in my motion I assigned costs to the Plaintiff/Appellee, including my travel costs to travel to the hearing from out-of-state. I tried to ask the judge whether the Order should recite that the Plaintiff pays my costs, but he said I could not ask any more questions because he had a full docket. So, should I include the costs language in my draft Order? Or would this be bad form and only serve to tick off the judge (whom I must appear before again during September)? Obviously, he can just strike that language from the draft Order, if he does not agree that I should get my travel costs, but again I do not want him to see me as trying to draft an Order that is not consistent with his ruling. On the other hand, my brief carried the day, and I did not really even need to be present during oral argument, as the judge just told the City attorney basically the same things I explained in my brief. So, that's the question, should I:a. not include the issue of Appellee paying costs in my order
b. include the issue of the Appellee paying costs, but not specifically mention my travel costs, or
c. include the isse of Appellee paying costs, and include order language that the Appellee pay for my travel cost for the appearance.Okay? Thanks ...