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16. Procedures/Appeals

Hurley Medical Center v. Thames – 16.77

Hurley Medical Center v. Thames
Digest No. 16.77

Section 421.38(1)

Cite as: Hurley Medical Center v Thames, unpublished opinion of the Genesee County Circuit Court, issued September 5, 2006 (Docket No. 06-84151-AE).

Appeal pending: No
Claimant: Kimberly Thames
Employer: Hurley Medical Center
Date of decision: September 5, 2006

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HOLDING: Under MCL 421.38(1), a reviewing court can only obtain jurisdiction over an appeal if the appeal is filed within 30 days of a lower court’s decision.

FACTS: On June 20, 2006, Appellant Hurley Medical Center filed an application for leave to appeal with the Genesee County Circuit Court. Appellee filed its answer on July 10, 2006. During their hearing, Appellee argued that Hurley’s appeal was filed outside the thirty day statutory appeal period required by MCL 421.38(1) and moved to dismiss Hurley’s leave to appeal. The Genesee County Circuit Court issued an order dismissing Hurley Medical Center’s application for leave to appeal on August 16, 2006. Hurley filed a motion to reconsider with the Court.

DECISION: The Court denied Hurley Medical Center’s motion for reconsideration because Hurley failed to show that the Court’s August 16, 2006 decision contained palpable error.

RATIONALE: MCL 421.38(1) requires a party to file an appeal within 30 days of a lower court’s decision. In Gunderson v Rose Hill Realty, 136 Mich App 559 (1984), the Michigan Court of Appeals held that MCL 421.38 is a jurisdictional statute. This means that a reviewing court can only obtain jurisdiction over an appeal if the appeal is filed within the 30 day period required by MCL 421.38(1).

The Genesee County Circuit Court denied Hurley’s application for leave on jurisdictional grounds on August 16, 2006 because the application for leave was filed beyond the thirty day period provided by MCL 421.38(1). In its motion for reconsideration, Hurley merely presented the same issues from its earlier application for leave and failed to demonstrate that the Court’s August 16, 2006 decision contained palpable error. For that reason, the Court denied Hurley’s motion for reconsideration.

Digest author: Sean Higgins, Michigan Law, Class of 2017
Digest updated: 10/31/2017