EPPERSON v. DEPARTMENT OF CORRECTIONS, 459 Mich. 939 (1999)

590 N.W.2d 65

EPPERSON v. DEPARTMENT OF CORRECTIONS

No. 112974.Supreme Court of Michigan.
Decided February 2, 1999.

Summary Dispositions February 2, 1999:

In lieu of granting leave to appeal, the case is remanded to the Court of Appeals for further proceedings as specified in this order. MCR 7.302(F)(1). In this situation, the 21 days allowed by the Court of Appeals order entered May 22, 1998, should not have begun until August 5, 1998, when that Court denied the plaintiff’s timely motion for rehearing. If the plaintiff refiles his pleadings and pays the initial partial tiling fee within 28 days from the date of this order, then the Court of Appeals is to consider the application for leave to

Page 940

appeal. Otherwise, the Court of Appeals may reclose the file administratively. Jurisdiction is not retained. Court of Appeals No. 209190.

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