Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961

Mich. Comp. Laws § 600.867

Stay of further proceedings in pursuance of judgment, order, or sentence; exception; application for delayed appeal.

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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.867 Stay of further proceedings in pursuance of judgment, order, or sentence; exception; application for delayed appeal.

Sec. 867.

    (1) After an appeal of right from a judgment or order of the probate court is filed with the court of appeals and notice of the appeal is filed with the probate court, all further proceedings in pursuance of the judgment, order, or sentence, appealed from are stayed for a period of 21 days or, if a motion for stay pending appeal is granted, until the appeal is determined, except as otherwise provided in subsection (2), section 65(2) of chapter X of the probate code of 1939, 1939 PA 288, MCL 710.65, or supreme court rule.

    (2) The pendency of an appeal from the family division of the circuit court or from an order of the probate court entered under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, or sections 5201 to 5319 of the estates and protected individuals code, 1998 PA 386, MCL 700.5201 to 700.5319, does not stay the judgment or order unless the court from which or to which the appeal is taken specifically orders the stay. An application for a delayed appeal from an order of the family division of the circuit court shall be filed within 6 months after entry of the judgment or order.

History: Add. 1978, Act 543, Eff. July 1, 1979 ;-- Am. 1979, Act 69, Imd. Eff. July 25, 1979 ;-- Am. 2016, Act 186, Eff. Sept. 27, 2016

Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1981–2023 · leading case: in Re Mardigian Estate
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in Re Mardigian Estate (2015) michctapp · cites it 2× “On the date of the scheduled trial, the probate court denied appellant’s motion for a stay under MCL 600.867(1); however, the probate court and other parties agreed that appellant could continue to participate in the subsequent proceedings.”
People v. Hana (1993) mich · cites it 2× “[and] that his involvement was a little more extensive and there were other things going on, he wasn't sure if he wanted to tell everything.”
In Re Cornet (1985) mich “861 to MCL 600.867; MSA 27A.867. [4] The applicability of GCR 1963, 517.”
Comerica Bank v. City of Adrian (1989) michctapp · cites it 2× “See MCL 600.867 and *730 700.35; MSA 27A.867 and 27.”
In Re Adrianson (1981) michctapp “MCL 600.867; MSA 27A.867. Petitioner argues that this provision for a limited appeal time would be mere surplusage if Fritts were to have continuing validity.”
in Re Ward Estate (2018) michctapp · cites it 6× “Appellee Karen Powers responded by arguing that MCL 600.867 concerns only “proceedings,” meaning “legal proceedings,” so it did not prevent the personal representative from administering the estate, including requesting guidance about the sale of the property even though he did…”
in Re Ward Estate (2018) michctapp · cites it 6× “Appellee Karen Powers responded by arguing that MCL 600.867 concerns only “proceedings,” meaning “legal proceedings,” so it did not prevent the personal representative from administering the estate, including requesting guidance about the sale of the property even though he did…”
in Re Kapp Estate (2018) michctapp · cites it 3× “We do not retain jurisdiction. /s/ Douglas B. Shapiro /s/ Deborah A.”
Jcp Trust V Peter E O'Dovero (2022) michctapp · cites it 3× “802 and MCL 600.867. The probate court held that appellants were not entitled to an automatic stay, and the court refused to rule whether appellants were entitled to a discretionary stay under other provisions of law, reasoning that the matter was not properly before the court…”
Bethany Christian Services v. Cornet (1985) mich “861 to MCL 600.867; MSA 27A.867. The applicability of GCR 1963, 517.”
in Re Patulski Estate (2014) michctapp · cites it 3× “) MCR 5.802(C) states the following: An order removing a fiduciary; appointing a special personal representative or a special fiduciary; granting a new trial or rehearing; granting an allowance to the spouse or children of a decedent; granting permission to sue on a fiduciary’s…”
in Re Easterly Estate (2015) michctapp · cites it 3× “We also find merit to appellant’s argument that the probate court erred in treating the sanctions award as a civil judgment, subject to statutory interest commencing as of October 30, 2013.”
Show all 17 citing cases →
— Mich. Comp. Laws § 600.867(1) — 10 cases
in Re Mardigian Estate (2015) michctapp “On the date of the scheduled trial, the probate court denied appellant’s motion for a stay under MCL 600.867(1); however, the probate court and other parties agreed that appellant could continue to participate in the subsequent proceedings.”
Comerica Bank v. City of Adrian (1989) michctapp “See MCL 600.867 and *730 700.35; MSA 27A.867 and 27.”
in Re Ward Estate (2018) michctapp “Appellee Karen Powers responded by arguing that MCL 600.867 concerns only “proceedings,” meaning “legal proceedings,” so it did not prevent the personal representative from administering the estate, including requesting guidance about the sale of the property even though he did…”
in Re Ward Estate (2018) michctapp “Appellee Karen Powers responded by arguing that MCL 600.867 concerns only “proceedings,” meaning “legal proceedings,” so it did not prevent the personal representative from administering the estate, including requesting guidance about the sale of the property even though he did…”
in Re Kapp Estate (2018) michctapp “We do not retain jurisdiction. /s/ Douglas B. Shapiro /s/ Deborah A.”
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