Rule 7.317 Involuntary Dismissal; No Progress

(A)   Designation. If an appellant’s brief has not been timely filed under MCR 7.312(E)(1) or within the time period granted by an order extending the time for filing the brief, or if the appellant fails to pursue the case in substantial conformity with the rules, the case shall be designated as one in which no progress has been made.

(B)   Notice; Dismissal. When a case is designated as one in which no progress is made, the clerk shall mail to each party notice that, unless the appellant’s brief that conforms with the rules is filed within 21 days or a motion is filed seeking further extension upon a showing of good cause, the case will be dismissed. A copy of an order dismissing an action under this rule will be sent to the parties and the court or tribunal from which the action arose.

(C)   Reinstatement. Within 21 days of the dismissal order, the appellant may seek reinstatement of the action by filing a conforming brief along with a motion showing mistake, inadvertence, or excusable neglect. The clerk shall not accept a late-filed motion to reinstate.

(D)   Dismissal for Lack of Jurisdiction. The Court may dismiss an appeal, application, or an original proceeding for lack of jurisdiction at any time.