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Travelers Insurance v. Nouri

Supreme Court of Michigan
Feb 27, 1998
456 Mich. 937 (Mich. 1998)

Summary

In Travelers Ins v Nouri, 456 Mich. 937, 937; 575 N.W.2d 561 (1998), this Court had dismissed a claim of appeal from a consent judgment, and our Supreme Court remanded the case to this Court with orders that it permit the defendant to file a claim of appeal, explaining, "The Court of Appeals has previously recognized that an appeal of right is available from a consent judgment in which a party has reserved the right to appeal a trial court ruling."

Summary of this case from Sandoval v. Farmers Ins. Exch.

Opinion

Docket No. 109283.

Summary Dispositions February 27, 1998.


Court of Appeals No. 194316.

In lieu of granting leave to appeal, the case is remanded to the Court of Appeals to permit the defendants to file a claim of appeal. MCR 7.302(F)(1). The Court of Appeals has previously recognized that an appeal of right is available from a consent judgment in which a party has reserved the right to appeal a trial court ruling. Vanderveen's Importing Co v. Keramische Industrie M deWit, 199 Mich. App. 359 (1993); Field Enterprises v. Dep't of Treasury, 184 Mich. App. 151 (1990); Smith v. City of Westland, 158 Mich. App. 132 (1986). Jurisdiction is not retained.


Summaries of

Travelers Insurance v. Nouri

Supreme Court of Michigan
Feb 27, 1998
456 Mich. 937 (Mich. 1998)

In Travelers Ins v Nouri, 456 Mich. 937, 937; 575 N.W.2d 561 (1998), this Court had dismissed a claim of appeal from a consent judgment, and our Supreme Court remanded the case to this Court with orders that it permit the defendant to file a claim of appeal, explaining, "The Court of Appeals has previously recognized that an appeal of right is available from a consent judgment in which a party has reserved the right to appeal a trial court ruling."

Summary of this case from Sandoval v. Farmers Ins. Exch.
Case details for

Travelers Insurance v. Nouri

Case Details

Full title:TRAVELERS INSURANCE v. NOURI

Court:Supreme Court of Michigan

Date published: Feb 27, 1998

Citations

456 Mich. 937 (Mich. 1998)
575 N.W.2d 561

Citing Cases

Sandoval v. Farmers Ins. Exch.

Generally, "a party cannot stipulate a matter and then argue on appeal that the resulting action was error."…

Webb v. Hillsdale Hosp.

The exception to this general rule allows for an appeal by right only if the consent order reserves the right…