Chev. Local 659 v. Reliance Ins. Cos.

Full title: CHEVROLET LOCAL 659, UAW-CIO v. RELIANCE INSURANCE COMPANIES

Court: Michigan Court of Appeals

Date published: Jan 26, 1970

21 Mich. App. 123 (Mich. Ct. App. 1970)

174 N.W.2d 924

Opinion

Docket No. 5,960.

Decided January 26, 1970.

Appeal from Genesee, Philip C. Elliott, J. Submitted Division 2 January 7, 1970, at Lansing. (Docket No. 5,960.) Decided January 26, 1970.

Complaint by Chevrolet Local 659, UAW-CIO, against Reliance Insurance Companies, a Pennsylvania corporation, and The Manhattan Fire and Marine Insurance Company, a New York corporation, to require defendants to represent plaintiff in another lawsuit. Summary judgment for defendant Reliance Insurance Companies. Plaintiff appeals. Appeal dismissed.

Andrew J. Transue, for plaintiff.

Ransom, Ransom, Ransom Henneke, for defendant Reliance Insurance Companies.

Before: LEVIN, P.J., and HOLBROOK and BRONSON, JJ.

PER CURIAM.

Plaintiff's complaint against Reliance Insurance Companies was filed July 22, 1966; Reliance Insurance Companies answered. Subsequently, upon stipulation of the attorneys for the plaintiff and Reliance Insurance Companies, an order was entered February 27, 1968 adding as a defendant The Manhattan Fire and Marine Insurance Company. On February 28, 1968, a complaint was filed by plaintiff against The Manhattan Fire and Marine Insurance Company; the added defendant answered.

On March 20, 1968, defendant Reliance Insurance Companies moved for summary judgment which was granted by order dated July 1, 1968, on the ground that the complaint failed to state a claim upon which relief could be granted.

Claim of appeal was filed by plaintiff July 23, 1968.

The summary judgment did not contain "an express determination that there is no just reason for delay and * * * an express direction for the entry of judgment." Under GCR 1963, 518.2, in the absence of such determination, a judgment adjudicating fewer than all the claims, rights and liabilities of fewer than all the parties is not a final judgment. Accordingly, the summary judgment was not appealable as of right; an appeal from such judgment before the entry of a final judgment disposing of all claims of all parties can only be obtained upon leave granted. No application for leave to appeal was filed in this case, and this Court is without jurisdiction to entertain this appeal. See City of Dearborn v. Pulte-Strang, Inc. (1968), 12 Mich. App. 161; Earp v. City of Detroit (1968), 11 Mich. App. 659; Hope v. Weiss (1968), 12 Mich. App. 404.

The appeal is therefore dismissed. No costs.