JOSEPH DAVIS JR V ALLISON STAUDER

Court of Appeals, State of Michigan
ORDER
JOSEPH DAVIS JR V ALLISON STAUDER
Docket No. 378416
LC No. 25-100766-DO
Daniel S. Korobkin
Presiding Judge
Michael F. Gadola
Christopher P. Yates
Judges
The motion for immediate consideration is GRANTED.
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the trial
court’s November 1, 2025 order denying counsel’s motion to withdraw is REVERSED and this matter is
REMANDED to that court for further proceedings consistent with this order. By denying the motion to
withdraw for the reasons stated on the record—despite a severe, seemingly total breakdown in the attorney-
client relationship and the unreasonable financial burden that counsel would suffer as a result—the trial
court abused its discretion. See People v Jackson, 467 Mich 272, 279 n 7; 650 NW2d 665 (2002); Genrow
v Flynn, 166 Mich 564, 567-568; 131 NW 1115 (1911); In re Withdrawal of Attorney, 234 Mich App 421,
431-432, 435; 594 NW2d 514 (1999). On remand, the trial court should enter an order granting the disputed
motion to withdraw and adjourning trial for a period that will, in the court’s discretion, give defendant
a reasonable opportunity to seek new counsel. See In re Lovitt, ___ Mich App ___, ___; ___ NW3d
___ (2024) (Docket No. 367124); slip op at 7 (“When an attorney seeks to withdraw from representation
of a client, both the attorney and the court have an obligation that the client is . . . given an opportunity to
obtain other counsel.”); accord Bye v Ferguson, 138 Mich App 196, 207-208; 360 NW2d 175 (1984).
In light of the foregoing, the motion for stay pending appeal is DENIED as moot.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.
_______________________________
Presiding Judge

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