Opinion
365465
04-25-2023
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.