Kyle Scheuneman v. Kent Power Inc ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
October 30, 2019 Bridget M. McCormack,
Chief Justice
159860(34) David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
KYLE SCHEUNEMAN and LINDY Brian K. Zahra
SCHEUNEMAN, Richard H. Bernstein
Plaintiffs-Appellees, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 159860
COA: 344109
Kent CC: 17-009761-NO
KENT POWER INC.,
Defendant-Appellant.
_____________________________________/
On order of the Court, the motion for an order permitting the defendant’s application
for leave to appeal to be deemed filed nunc pro tunc on the date of the electronic
transmission to the Court of Appeals is DENIED. Under some circumstances, the Court
may “enter an order permitting a document to be deemed filed nunc pro tunc on the date
of the unsuccessful transmission.” Administrative Order 2014-23, 497 Mich. cxxviii
(2014). But such relief is warranted only where the moving party proves that “the
transmission failed because of the failure of the TrueFiling system to process the electronic
document or because of the court’s computer system’s failure to receive the document.”
Id. at cxxix. Here, there was no transmission failure. It is undisputed that the TrueFiling
system transmitted the electronic document to the selected court and the selected court’s
computer system received the document. To the extent that the defendant alleges that
transmission to this Court failed because of an apparent default setting in the TrueFiling
system, the defendant must also prove that “the transmission failure was not caused, in
whole or in part, by the action or inaction of the party.” Id. Here, the defendant cannot
make this showing because the TrueFiling system provided clear notice to the defendant
before and after transmission that it had selected the wrong court in which to file its
application. Accordingly, the defendant is not entitled to the relief requested.
VIVIANO, J., would accept the application as timely filed.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
October 30, 2019
b1023
Clerk