Opinion
364728
08-21-2023
Darlene Webb v. Hillsdale Hospital
LC No. 2021-000287-NI
Douglas B. Shapiro Presiding Judge Jane E. Markey James Robert Redford Judges
ORDER
The motion to dismiss is GRANTED because the Court of Appeals does not have jurisdiction over the claim of appeal. The January 18, 2023 stipulated order, which dismissed the matter with prejudice, did not contain a reservation of right by appellants to appeal any prior orders in the case. "It is elementary that one cannot appeal from a consent judgment, order or decree." Dora v Lesinski, 351 Mich. 579, 582; 88 N.W.2d 592 (1958). The exception to this general rule allows for an appeal by right only if the consent order reserves the right of a party to appeal a trial court ruling. Travelers Ins v Nouri, 456 Mich. 937; 575 N.W. 561 (1998). See also Field Enterprises v Dep't of Treasury, 184 Mich.App. 151, 153; 457 N.W.2d 113 (1990).