Opinion
358584
02-17-2022
Champion Township v. Roy Pascoe
LC No. 17-055877-CE
Stephen L. Borrello, Presiding Judge, Michael J. Kelly, Brock A. Swartzle Judges
ORDER
Stephen L. Borrello, Presiding Judge
The Court orders that the motion to dismiss this appeal is DENIED. Assuming for purposes of discussion that the September 13, 2021 judgment is the final judgment in this matter under MCR 7.202(6)(a)(i) the claim of appeal was timely filed seven days after entry of that judgment on September 20, 2021. MCR 7.204(A)(1)(a). In this regard, the relevant definition of "entry" includes the date a judgment or order is signed, not the date that it is served. MCR 7.204(A). Any error in the claim of appeal specifying that the July 14, 2021 order, rather than the September 13, 2021 judgment, is the judgment or order appealed from is properly disregarded as inconsequential error. See MCR 1.105 (court rules should be administered "to avoid the consequences of error that does not affect the substantial rights of the parties"). This is particularly appropriate because the July 14, 2021 order would properly be challenged in an appeal of right from the September 13, 2021 judgment (if it is the final judgment under MCR 7.202(6)(a)(i)). See Green v. Ziegelman, 282 Mich.App. 301 n 6; 767 N.W.2d 660 (2009) (prior non-final order and judgment properly challenged in appeal of right from final order under MCR 7.202(6)(a)(i)). Accordingly, we do not need to determine whether the July 14, 2021 order or the September 13, 2021 judgment is the final order or final judgment under MCR 7.202(6)(a)(i) for purposes of deciding the present motion.