small claims appeal

[hugh jameson]

michigan i want to know if i can file to deny a small claims appeal or have a hearing on his reason for appeal? if not ,do we labor on the point that they were given 2 chances already and ask the judge why they appealed when we appear in court? the first time was a matter for discovery and the second time they did not co-operate in the discovery process and their expert witness was a no show which we had noted so the judge dismissed the case.

 

[JETX]

Your post is somewhat confusing in that apparently a small claims case was appealed.

However, the Michigan Court website says that a small claims judgment cannot be appealed:
"A judge's decision is final. Neither you nor the defendant can appeal to a higher court once the judge has made a decision in the small claims division; although, on petition by either party, the same judge may reopen the case in the small claims division. Either party may appeal a magistrate's decision. The case would be rescheduled before a judge and both parties would explain their case again."
Source: http://www.courts.michigan.gov/scao/services/selfhelp/smallclaims.htm

Apparently (from another site) MI small claims dismissals and defaults are the only 'issues' that can be appealed.

 

[hugh jameson]

thanks. i also want to know if i can counter sue if i can prove they are trying to decieve the court and waste our time. they will commit pergury.