IN RE BELOUS

Court of Appeals, State of Michigan
ORDER
IN RE BELOUS
Docket No. 378732
LC No. 2024-002437-AV
Michael F. Gadola
Presiding Judge
Mark T. Boonstra
Colleen A. O’Brien
Judges
The complaint for superintending control and mandamus as to defendants City of Battle
Creek, 10th District Court, and 10th District Court Clerk is DISMISSED for lack of jurisdiction. The
complaint as to the City of Battle Creek is a complaint for mandamus. Because the City of Battle Creek
is not a state officer, the complaint needed to be brought in the circuit court. MCR 3.305(A)(1) and (2);
see also MCR 7.203(C)(2). The complaint as to the 10th District Court and the 10th District Court Clerk
is a complaint for superintending control. See MCR 3.302(C). This Court has jurisdiction to entertain a
complaint seeking a writ of superintending control “over a lower court . . . immediately below it arising
out of an action or proceeding which, when concluded, would result in an order appealable to the Court
of Appeals.” MCR 7.203(C)(1). The 10th District Court is not a court immediately below this Court, nor
would an order concluding proceedings in the 10th District Court be appealable directly to this Court.
The City of Battle Creek’s motion for summary disposition is DISMISSED AS MOOT.
The complaint as to defendants 37th Circuit Court and 37th Circuit Court Clerk is a
complaint for superintending control, MCR 3.302(C), and it is DENIED.
_______________________________
Presiding Judge
May 4, 2026

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