Farley v. Carp
Farley v. Carp
Opinion of the Court
This trio of cases provides us with the opportunity to determine the scope of the applicability of this Court’s recent decision in Kidder v Ptacin,
Our decision in Kidder considered the application of the Supreme Court’s decision in Mullins v St Joseph
The defendants appealed, arguing that, under the law of the case doctrine, the trial court was obliged to follow this Court’s previous directions to dismiss the case. This Court agreed and again ordered the trial court to grant summary disposition in favor of the defendants.
Of the three cases, perhaps the easiest to resolve is Wren (Docket Nos. 283726 and 283727), because the procedural facts are essentially identical to Kidder. In both Wren and Kidder, this Court issued an opinion before the Supreme Court’s order in Mullins, which applied Waltz retroactively and concluded that the cases were untimely filed.
The situation in Ellis (Docket No. 284319) is somewhat different from Kidder, but we nonetheless believe that Kidder directs us to the same result. The difference
Technically speaking, the law of the case doctrine does not apply here because there is not a decision of a higher court that is now binding on the lower court.
MCR 2.612(C)(1)(f) is likewise inapplicable. Just as “equity aids the vigilant, not those who sleep on their rights,” Falk v State Bar of Michigan, 411 Mich 63, 113 n 27; 305 NW2d 201 (1981) (RYAN, J, joined by MOODY and Fitzgerald, JJ.) (quotation marks and citations omitted), so does the appellate process. See Lothian v Detroit, 414 Mich 160,175; 324 NW2d 9 (1982) (denying relief to an appellant who, “wholly apprised of the facts which constituted his cause of action, chose to sleep on his rights until a subsequent appellate court decision roused him to action”). The instant defendants were neither parties to Mullins nor among those similarly situated parties whose cases were pending in the appellate process. Instead, as earlier indicated, the dismissal of plaintiffs case had become final (an effective judgment). The interests of justice truly militate*8 against allowing a defeated party’s action to spring back to life because others have availed themselves of the appellate process.
If relief from judgment should not be granted under MCR 2.612(C)(1)(f) where a party sleeps on their appellate rights by failing to seek leave to appeal in the Supreme Court from an adverse ruling in this Court, then certainly relief from judgment is not appropriate where the party never even pursues an appeal from the trial court’s ruling to this Court. To hold otherwise would allow plaintiffs’ “action to spring back to life because others have availed themselves of the appellate process.”
We hold that relief from judgment under MCR 2.612(C)(1)(f) is inappropriate where a party has not sought appellate review of a trial court’s final order and the basis for relief from judgment is a subsequent appellate decision in a different case. Accordingly, the trial court in Ellis erred by granting plaintiffs relief from judgment and reinstating their cause of action. We vacate that order and reinstate the trial court’s original order dismissing the case with prejudice.
We finally turn to Farley (Docket Nos. 283405, 283418, and 284681), which presents the most distinct set of facts of this trio of cases. In Farley, there are two significant procedural differences from Kidder and Wren. First, in Farley, plaintiff did not sit on her appellate rights. After the adverse decision in this Court, she sought leave to appeal in the Supreme Court, which denied leave.
We do not believe that either of these distinctions, however, requires a different result. The fact that the Supreme Court denied leave to appeal means that our earlier decision is now the final adjudication in this case and may be enforced according to its terms.
Simply put, the trial court had no alternative in this case other than to comply with the direction of this Court in our previous opinion. And once the trial court so complies, as discussed above, it is precluded from granting relief from judgment under the law of the case doctrine.
The orders of the trial courts reinstating these cases are vacated. The matters are remanded to the respective trial courts with direction to enter orders of summary disposition in favor of defendants. We do not retain jurisdiction. Costs to defendants.
284 Mich App 166; 771 NW2d 806 (2009).
480 Mich 948 (2007).
469 Mich 642; 677 NW2d 813 (2004).
Mullins, supra at 948.
461 Mich 667; 609 NW2d 177 (2000).
There is one distinction between Wren and Kidder in this regard: in Kidder, the trial court had ruled in the plaintiffs favor and the prior appeal was an interlocutory appeal by the defendants seeking to have the case dismissed, while in Wren the trial court had dismissed the case and plaintiff appealed to this Court in the prior appeal. But we see no meaningful distinction in this slightly different procedural posture in the prior appeals.
Another similarity of both Kidder and Wren is that in neither case did the plaintiffs seek leave to appeal in the Supreme Court after losing in this Court.
See Kidder, supra at 170.
Farley v Advanced Cardiovascular Health Specialists, PC, 474 Mich 1020 (2006).
Farley v Advanced Cardiovascular Health Specialists, PC, 266 Mich App 566, 568-570; 703 NW2d 115 (2005).
Detroit v Gen Motors Corp, 233 Mich App 132, 140; 592 NW2d 732 (1998).
See Cox v Flint Bd of Hosp Managers (On Remand), 243 Mich App 72, 93; 620 NW2d 859 (2000), and Sumner v Gen Motors Corp (On Remand), 245 Mich App 653; 633 NW2d 1 (2001) (discussing the need for finality in this Court’s judgments).
Dissenting Opinion
(dissenting). I respectfully dissent from the majority’s opinion in these consolidated cases. While I agree with the majority that we are bound by MCR 7.215(J)(1) to follow Kidder v Ptacin, 284 Mich App 166; 771 NW2d 806 (2009), in Wren (Docket Nos. 283726 and 283727) and Ellis (Docket No. 284319), because I am of the opinion that Kidder was wrongly decided, I would declare a conflict under MCR 7.215(J)(2). Furthermore, I disagree with the majority that Kidder controls the outcome in Farley (Docket Nos. 283405, 283418, and 284681) because Farley is factually distinguishable from Kidder. Contrary to the result reached by the majority, I would conclude that the trial court did not abuse its discretion by reinstating plaintiffs case in Farley.
I believe that the majority’s reliance on Kidder in Farley is misplaced because the facts in Farley are distinguishable from the facts in Kidder. MCR 2.612(C)(1)(f) authorizes relief from judgment for “[a]ny other reason justifying relief from the operation of the judgment.” In Kidder, this Court ruled that MCR 2.612(C)(1)(f) was inapplicable because the plaintiff in that case failed to appeal the judgment of this Court. Kidder, supra at 169, 171. In declining to apply MCR 2.612(C)(1)(f), this Court stated:
Just as “equity aids the vigilant, not those who sleep on their rights,” Falk v State Bar of Michigan, 411 Mich 63, 113 n 27; 305 NW2d 201 (1981) (Ryan, J., joined by Moody and Fitzgerald, JJ.) (quotation marks and citations omitted), so does the appellate process. See Lothian v Detroit, 414 Mich 160, 175; 324 NW2d 9 (1982) (denying relief to an appellant who, “wholly apprised of the facts which constituted his cause of action, chose to sleep on his rights until a subsequent appellate court decision roused him to action”). ... The interests of justice truly militate against*11 allowing a defeated party’s action to spring back to life because others have availed themselves of the appellate process. [Kidder, supra at 171.]
As the majority notes, plaintiff in Farley did not sleep or sit on her appellate rights like the plaintiff in Kidder. To the contrary, plaintiff in Farley moved for reconsideration in this Court
Although plaintiffs motion following the Supreme Court’s decision in Mullins v St Joseph Mercy Hosp, 480 Mich 948(2007), was technically a motion to lift a stay rather than a motion to reinstate the case, the trial court noted on the record that it had not imposed a stay and treated plaintiffs motion as a motion to reinstate the case. “ ‘This Court reviews for abuse of discretion a trial court’s decision concerning a motion to reinstate an action.’ ” Kidder, supra at 170, quoting Wickings v Arctic Enterprises, Inc, 244 Mich App 125, 138; 624 NW2d 197 (2000). The abuse of discretion standard recognizes “ ‘that there will be circumstances in which there will be no single correct outcome; rather, there
Unlike the majority, I would conclude that the trial court’s reinstatement of plaintiffs case in Farley was not an abuse of discretion. Given the trial court’s authority to relieve a party from a judgment under MCR 2.612(C)(1)(f) and the fact that plaintiff in Farley availed herself of the appellate process, I would conclude that Kidder is distinguishable and hold that the trial court’s reinstatement of plaintiffs case in Farley did not fall outside the principled range of outcomes.
Farley v Carp, unpublished order of the Court of Appeals, entered July 22, 2005 (Docket Nos. 256776, 256799, and 257988).
Farley v Advanced Cardiovascular Health Specialists, PC, 474 Mich 1020 (2006).
Reference
- Full Case Name
- Farley v. Carp; Wren v. Southfield Rehabilitation Company; Ellis v. Henry Ford Health System
- Cited By
- 11 cases
- Status
- Published