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Champion Twp. v. Pascoe

Court of Appeals of Michigan
Feb 17, 2022
No. 358584 (Mich. Ct. App. Feb. 17, 2022)

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.


Summaries of

Champion Twp. v. Pascoe

Court of Appeals of Michigan
Feb 17, 2022
No. 358584 (Mich. Ct. App. Feb. 17, 2022)
Case details for

Champion Twp. v. Pascoe

Case Details

Full title:Champion Township v. Roy Pascoe

Court:Court of Appeals of Michigan

Date published: Feb 17, 2022

Citations

No. 358584 (Mich. Ct. App. Feb. 17, 2022)