2.11Appeals of Summary Proceedings
“Any party aggrieved by the determination or judgment of the court under [the Summary Proceedings Act1] may appeal to the circuit court of the same county. The appeal shall be made in the same manner as an appeal in other civil actions from the same court, with bond and procedure as provided by court rules.” MCL 600.5753.
“The circuit court has jurisdiction of an appeal of right filed by an aggrieved party from . . . a final judgment or final order of a district . . . court[.]” MCR 7.103(A)(1). The aggrieved party must file an appeal of right no later than ten days after entry of judgment.2 MCR 4.201(O)(2); MCR 4.202(L).
A.Appeals From Possessory Judgments3
Unless otherwise provided by MCR 4.201(O), appeals from possessory judgments “must comply with MCR 7.101 through [MCR] 7.115.”4 MCR 4.201(O)(1).
1.Stay of Eviction Order
Unless the trial court orders a stay of the order of eviction, the order must be issued as provided in MCR 4.201(M).5 MCR 4.201(O)(3)(a).
However, all proceedings are stayed, including orders of eviction that have been issued but not executed, when “a claim of appeal [is filed] together with a bond or escrow order of the court[.]” MCR 4.201(O)(3)(b).
2.Appeal Bond
The bond must “include the conditions provided in MCR 4.201(O)(4) if the appeal is from a judgment for the possession of land.” MCR 7.108(B)(3)(d).
a.Landlord Appeals
When a landlord appeals a possession judgment, the landlord must file a bond providing that he or she will pay the appeal costs if he or she loses the appeal. MCR 4.201(O)(4)(a).
b.Tenant Appeals
When a tenant appeals a possession judgment, the tenant must file a bond providing that he or she will pay for the following if he or she loses the appeal:
“(i) the appeal costs,
(ii) the amount due stated in the judgment, and
(iii) damages from the time of forcible entry, the detainer, the notice to quit, or the demand for possession.” MCR 4.201(O)(4)(b).
“The court may waive the bond requirement of [MCR 4.201(O)(4)(b)(i) (payment of the appeal costs)] on the grounds stated in MCR 2.002(C) or [MCR 2.002(F)6].” MCR 4.201(O)(4)(b). MCR 2.002(C) and MCR 2.002(F) require the trial court to waive the payment of fees based on a party’s receipt of public assistance or a party’s indigence, respectively; it no longer authorizes the waiver of costs. Note that MCR 2.002, as amended, also contemplates fee waiver for individuals represented by certain legal services programs. See MCR 2.002(D).7 However, MCR 4.201 has not been amended to reflect these changes.
c.Escrow
The court must enter an escrow order under MCR 4.201(I)(2) for appeals in which the landlord was awarded possession.8 MCR 4.201(O)(4)(c). The court must require the tenant to make escrow payments during the pendency of the appeal. Id.
Generally, the escrow order entered pursuant to the tenant’s appeal of the possession judgment may not be retroactive; that is, it may not include “arrearages preceding the date of the posttrial escrow order[.]” Id. However, if a pretrial escrow order was entered under MCR 4.201(I)(2), “the total escrow amount may include the amount accrued between the time of the original escrow order and the filing of the appeal.” MCR 4.201(O)(4)(c).
“If it is established that an appellant cannot obtain sureties or make a sufficient cash deposit, the court must permit the appellant to comply with an escrow order.” MCR 4.201(O)(4)(d).
B.Appeals from Land Contract Forfeiture Judgments9
“Except as otherwise provided by [MCR 4.202] or by law, the rules applicable to other appeals to circuit court (see MCR 7.101–[MCR] 7.115) apply to appeals from judgments in land contract forfeiture cases.”10 MCR 4.202(L).
“The circuit court may grant leave to appeal from . . . a judgment or order of a trial court when (a) no appeal of right exists, or (b) an appeal of right could have been taken but was not timely filed[.]” MCR 7.103(B)(1).11
1 MCL 600.5701 et seq.
2 Although MCR 7.104(A)(1)-(2) permits appeals within 21 days after entry of the judgment from which the appeal is taken, MCR 4.201(O)(2)’s ten-day deadline governs because it is the more specific rule. See People v McEwan, 214 Mich App 690, 694 (1995) (noting that the Court of Appeals “construes court rules according to the same basic principles that govern statutory interpretation”).
3 See the Michigan Judicial Institute’s Landlord-Tenant or Land Contact Appeals Table.
4 See Part A for discussion of MCR 7.101—MCR 7.115 as generally applicable to appeals to the circuit court.
5 See the Michigan Judicial Institute’s Residential Landlord-Tenant Law Benchbook, Chapter 4, for information on orders of eviction.
6 Formerly MCR 2.002(D). See ADM File No. 2002-37 and ADM File No. 2018-20, effective January 23, 2019. MCR 4.201(N)(4)(b) has not been amended to reflect this change.
7 ”Notwithstanding any other provision of [MCR 2.002], courts must enable a litigant who seeks a fee waiver to do so by an entirely electronic process.” MCR 2.002(L).
8 See the Michigan Judicial Institute’s Residential Landlord-Tenant Law Benchbook, Chapter 4, for information on escrow orders.
9 See the Michigan Judicial Institute’s Landlord-Tenant or Land Contract Appeals Table.
10 See Part A for discussion of MCR 7.101—MCR 7.115 as generally applicable to appeals to the circuit court.
11 See Section 2.1(G) for information on appeals by leave in circuit court.