LC No. 2019-178785-CB.
Kathleen Jansen Presiding Judge, Deborah A. Servitto, Elizabeth L. Gleicher Judges.
ORDER
The motion to waive the requirements of MCR 7.209 is GRANTED.
In lieu of granting the application, the Court orders that the motion for peremptory reversal is GRANTED to the extent that the denial of Norman Rautiola's intervention is REVERSED. Rautiola is defending his claimed interest in the property, and is doing so in the absence of adequate representation from another party; thus, he has the right to intervene. MCR 2.209(A)(3); Auto-Owners Ins Co v Keizer-Morris, Inc, 284 Mich.App. 610; 773 N.W.2d 267 (2009). In all other respects, the motion for peremptory reversal and application for leave to appeal are DENIED. This matter is REMANDED to the circuit court for further proceedings consistent with this order, including an examination of the validity of Rautiola's claimed security interest. After considering the legitimacy of Rautiola's interest, the trial court may vacate or retain its August 18, 2021 order.
The motion for stay is DENIED.
This order is to have immediate effect, MCR 7.215(F)(2).
The Court retains no further jurisdiction.