Tresvant v. Court of Appeals Judges

Full title: Diego Nelson Tresvant v. Court of Appeals Judges

Court: Court of Appeals of Michigan

Date published: Jul 17, 2023

No. 366782 (Mich. Ct. App. Jul. 17, 2023)

Opinion

366782

07-17-2023

Diego Nelson Tresvant v. Court of Appeals Judges

Elizabeth L. Gleicher, Chief Judge,

LC No. 00-000000

ORDER

Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.203(F)(1), orders:

The original complaint for mandamus is DISMISSED for lack of jurisdiction. First, an action for mandamus has been replaced with an action for superintending control when directed against a court. See MCR 3.302(C). However, this original complaint for mandamus cannot properly be treated as a complaint for superintending control because this Court has jurisdiction to issue superintending control orders to lower courts or tribunals. MCR 3.302(D)(1). Thus, this Court does not have jurisdiction to issue a superintending control order to its own Judges acting in their capacity as Court of Appeals Judges.

I note that the original complaint for mandamus being framed as brought against the Judges of this Court does not preclude me from acting to dismiss this case under MCR 7.203(F)(1) because, under the rule of necessity, Judges of this Court must be able to act in this case. See Champion's Auto Ferry, IncvPub Service Comm, 231 Mich.App. 699, 710; 588 N.W.2d 153 (1998).