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Cain v. Consumers Energy Co.

Court of Appeals of Michigan
Apr 25, 2023
No. 365465 (Mich. Ct. App. Apr. 25, 2023)

Opinion

365465

04-25-2023

Walter L Cain v. Consumers Energy Company


LC No. 2019-024820-CZ

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 December 20, 2022 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 leaves the counterclaim in this case undisposed. In this regard, whatever the import of an order entered in a separate lower court case for how the counterclaim in this case should be resolved, such an order in a separate case is simply not an order disposing of the counterclaim in the present case. 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, appellants may timely file a claim of appeal after an order disposing of the counterclaim is entered in this case.


Summaries of

Cain v. Consumers Energy Co.

Court of Appeals of Michigan
Apr 25, 2023
No. 365465 (Mich. Ct. App. Apr. 25, 2023)
Case details for

Cain v. Consumers Energy Co.

Case Details

Full title:Walter L Cain v. Consumers Energy Company

Court:Court of Appeals of Michigan

Date published: Apr 25, 2023

Citations

No. 365465 (Mich. Ct. App. Apr. 25, 2023)