(Source: MIRS.news, Published 01/28/2023) Whether the Michigan Supreme Court had authority to extend filing deadlines during the COVID-19 pandemic remains an issue of differing views in the Court of Appeals.
On Thursday, a unanimous opinion from Appeals Judge Sima G. Patel says the high court has the authority – a conclusion that contradicts Appeals Judge Michael J. Riordan’s Jan. 20 opinion in a separate case.
Riordan, a Republican Gov. Rick Snyder appointee, held the Supreme Court’s power doesn’t extend to rules modifying substantive law.
However, Patel wrote in the court’s published Carter v. DTN Management Company opinion that it is “inaccurate to frame this issue as a dichotomous choice between substantive and procedural law” because the Supreme Court’s order was out of concern for limiting in-person interactions and protecting court staff and the public from COVID-19.
“In addition to its authority over procedural rules, the Supreme Court has superintending control over all state courts,” Patel noted, with concurrence from Judges Stephen L. Borrello and Douglas B. Shapiro.
“Thus, the Supreme Court had authority to manage the operations of Michigan courts amidst a global pandemic,” added Patel, who was appointed by Democratic Gov. Gretchen Whitmer.
An Ingham County Circuit Court judge dismissed Karen Carter’s April 2021 personal injury lawsuit against DTN Management Company, who does business as DTN MGT, concluding the high court’s Administrative Order 2020-3 did not apply.
The appeals panel reversed that ruling, sending the case back to the trial court.
That AO said days during the COVID-19 emergency were not counted when determining relevant filing time periods for civil cases.
Carter sued after she slipped and fell on an icy sidewalk behind her apartment complex, which is owned by DTN.
Borrello and Shapiro were appointed by Democratic Gov. Jennifer Granholm.
