Reppke v. MacOmb Circuit Judge

Michigan Supreme Court

Reppke v. MacOmb Circuit Judge

231 N.W.2d 644, 394 Mich. 462, 1975 Mich. LEXIS 250

CourtMichigan Supreme Court

DecidedJuly 23, 1975

DocketDocket 56860

StatusPublished

Cited by2 cases

This text of 231 N.W.2d 644 (Reppke v. MacOmb Circuit Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Reppke v. MacOmb Circuit Judge, 231 N.W.2d 644, 394 Mich. 462, 1975 Mich. LEXIS 250 (Mich. 1975).

Pincite

Opinion

Memorandum Opinion. Plaintiff has filed an application for leave to appeal and moves for immediate consideration and for waiver of filing fees. The motions for immediate consideration and for waiver of filing fees are granted.

Pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, the Court hereby vacates that portion of the trial court’s order of February 14, 1975, which conditions the setting aside of the default upon appellant’s payment of costs. Having determined that there was good cause shown for setting aside the entry of the default, the taxable costs made a condition of the order should have been waived for appellant upon the showing that he was a bona fide indigent. The trial judge may, in his discretion, however, assess all or a portion of the taxable costs against appellant’s counsel upon a finding of culpable negligence and in light of all the circumstances, including any special problems which may confront counsel’s legal aid organization.

The motion for stay of proceedings becomes thereby moot, and the same is accordingly denied.

T. G. Kavanagh, C. J., and Williams, Levin, *463 M. S. Coleman, J. W. Fitzgerald, and Lindemer, JJ., concurred. Swainson, J., took no part in the decision of this case.

Free access — add to your briefcase to read the full text and ask questions with AI

Memorandum Opinion. Plaintiff has filed an application for leave to appeal and moves for immediate consideration and for waiver of filing fees. The motions for immediate consideration and for waiver of filing fees are granted.

Pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, the Court hereby vacates that portion of the trial court’s order of February 14, 1975, which conditions the setting aside of the default upon appellant’s payment of costs. Having determined that there was good cause shown for setting aside the entry of the default, the taxable costs made a condition of the order should have been waived for appellant upon the showing that he was a bona fide indigent. The trial judge may, in his discretion, however, assess all or a portion of the taxable costs against appellant’s counsel upon a finding of culpable negligence and in light of all the circumstances, including any special problems which may confront counsel’s legal aid organization.

The motion for stay of proceedings becomes thereby moot, and the same is accordingly denied.

T. G. Kavanagh, C. J., and Williams, Levin, *463 M. S. Coleman, J. W. Fitzgerald, and Lindemer, JJ., concurred. Swainson, J., took no part in the decision of this case.

Cite This Page — Counsel Stack

Bluebook (online)

231 N.W.2d 644, 394 Mich. 462, 1975 Mich. LEXIS 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reppke-v-macomb-circuit-judge-mich-1975.

Opinion

Related

Cite This Page — Counsel Stack