Opinion
360355
03-08-2022
SJS v. JPK
LC No. 2021-007116-PP
ORDER
Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.203(F)(1). orders:
The claim of appeal is DISMISSED for lack of jurisdiction. The order dated December 6, 2021. and entered in the circuit court register of actions on December 7, 2021, denying the motion to terminate the personal protection order (PPO) in this case is not appealable of right because, despite the erroneous indication in the circuit court register of actions, the PPO order is not an ex parte order since the order denying the motion to terminate the PPO sets forth that the PPO was entered after a full hearing. MCR 3.709(B)(1)(b). Further, the January 21, 2022 order denying the motion for relief from judgment is plainly not appealable of right. MCR 3.709(B)(1). 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.
The motion to waive fees is GRANTED for this case only.