General Motors Corp. v. Employment Security Commission

174 N.W.2d 5, 20 Mich. App. 379, 1969 Mich. App. LEXIS 849
Michigan Court of Appeals·Decided December 3, 1969·No. Docket Nos. 5,956, 5,957·Published·Cited by 3 cases

Opinion

Quinn, J.

Plaintiff appeals a circuit court judgment which affirmed a determination by the appeal board of the Employment Security Commission that defendant-claimants were entitled to unemployment compensation benefits. Defendant-claimants cross-appeal on a jurisdictional issue which we treat first.

December 29, 1961, the appeal board mailed its decision to the parties. Monday, January 15, 1962, plaintiff filed a petition for rehearing which was denied by the appeal board January 19, 1962. Monday, February 5, 1962, plaintiff filed a petition for a writ of certiorari in circuit court and the writ was granted. Defendant-claimants moved to dismiss the petition, set aside the order allowing the writ and to quash the writ because the petition was not filed within 15 days of notification of the appeal board’s decision as required by MOLA § 421.38 (Stat Ann 1960 Rev §17.540). Denial of this motion constitutes the ground for the cross-appeal.

It is defendant-claimants’ position that because plaintiff’s original petition for certiorari only requested review of the December 29, 1961 decision of the appeal board and the petition was filed February 5,1962, the circuit court lacked jurisdiction. In support of this position, they cite Peplinski v. Employment Security Commission (1960), 359 Mich 665, and Mooney v. Unemployment Compensation Commission (1953), 336 Mich 344.

In both of these cases, the Supreme Court held that in order to obtain the limited judicial review provided in the statute, the statutorily specified procedure in specified courts had to be followed. In each case, the petition for certiorari was filed in a court not specified in the statute.

This is not the case before us. Here plaintiff timely

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General Motors Corp. v. Employment Security Commission, 174 N.W.2d 5, 20 Mich. App. 379, 1969 Mich. App. LEXIS 849 (Mich. Ct. App. 1969).

174 N.W.2d 5 (General Motors Corp. v. Employment Security Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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