Bradway v. Shay

Full title: Holly Ann Bradway v. Christopher Patrick Shay

Court: Court of Appeals of Michigan

Date published: Feb 28, 2023

No. 364132 (Mich. Ct. App. Feb. 28, 2023)

Opinion

364132

02-28-2023

Holly Ann Bradway v. Christopher Patrick Shay

Elizabeth L. Gleicher, Chief Judge,

LC No. 21-031780-DC

ORDER

Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.203(F)(1), orders:

The claim of appeal is DISMISSED for lack of jurisdiction because the November 23,2022 circuit court order is not a final order appealable of right. MCR 7.202(6)(a); MCR 7.203(A). That order is not a final order under MCR 7.202(6)(a)(i) because it does not dispose of the "issue of child support and all other financial matters concerning the minor children" but rather refers those issues to the county friend of the court for investigation and recommendation. Further, the order is not a final order under MCR 7.202(6)(a)(iii) because it is not a postjudgment order. Dismissal is without prejudice to the filing of a delayed application for leave to appeal under MCR 7.205(A)(4), provided such a filing meets all requirements under the court rules and is not time-barred. Alternatively, it may be possible for appellant to timely file a claim of appeal after entry of a final order under MCR 7.202(6)(a)(i).