Change of venue; Transfer fee under MCR 2.223; Dismissal for nonpayment of the required fee; Relief from judgment; Excusable neglect under MCR 2.612(C)(1)(a); Catch-all under MCR 2.612(C)(1)(f); Principle that attorney negligence is attributable to the client; Finality versus fairness

The court affirmed dismissal for failure to pay the transfer filing fee and affirmed denial of relief from judgment. Plaintiff-law firm filed this action seeking unpaid legal fees. After stipulating to transfer the case from Washtenaw County to Oakland County under MCR 2.223, plaintiff was twice notified by the Oakland County Clerk that the $150 fee was due within 28 days. When payment still was not made, the circuit court dismissed the case without prejudice. On appeal, the court rejected plaintiff’s argument that the dismissal should be set aside on the basis that “its failure to timely pay the change-of-venue filing fee was because of ‘excusable neglect,’” noting the rule plainly warns of dismissal, counsel received clear written notices, and misunderstanding by counsel is not “excusable neglect.” In addition, attorney errors are attributed to the client. The court also declined catch-all relief, finding no “extraordinary circumstances.” Counsel’s oversight was not “‘a circumstance so unexpected and unusual’ that would warrant setting aside the order of dismissal.” It also noted a lack of diligence (untimely service and a long delay seeking a hearing). Although plaintiff argued the statute of limitations would bar refiling, finality and the absence of exceptional facts controlled, and dismissal, entered 54 days after notice, was within the trial court’s discretion.