Opinion
359389
03-01-2022
Adam Masserant v. State Employees' Retirement System
LC No. 21-000436-AA
Michael J. Kelly, Brock A. Swartzle Judges
ORDER
Stephen L. Borrello Presiding Judge
The Court orders that the motion to dismiss is DENIED because appellee has not established that this Court lacks jurisdiction over this appeal as of right. Contrary to the implication of appellee's argument MCR 7.203(A)(1)(a) does not preclude an appeal of right from every circuit court order entered on appeal from an agency. Rather, MCR 7.203(A)(1)(a) only precludes an appeal of right from a circuit court order entered "on appeal from any other court or tribunal." This is reflected in this Court's holding in Natural Resources Defense Council v Dep 't of Environmental Quality, 300 Mich.App. 79, 85-87; 832 N.W.2d 288 (2013), that MCR 7.203(A)(1)(a) did not apply to preclude an appeal from a circuit court order affirming a decision of the Department of Environmental Quality (DEQ) to issue a permit because DEQ did not act as a tribunal in issuing the permit. Here, appellee has not detailed the procedures used by the State of Michigan Retirement Board in this matter and, thus, has not established that it acted as a tribunal in making its decision regarding the retirement benefits sought by appellant. Accordingly, appellee has not established that MCR 7.203(A)(1)(a) bars the present appeal as of right.