Citizens Ins. Co. of Midwest v. Progressive Mich. Ins. Co.

Full title: Citizens Ins Co of the Midwest v. Progressive Michigan Ins Company

Court: Court of Appeals of Michigan

Date published: Aug 31, 2021

No. 358269 (Mich. Ct. App. Aug. 31, 2021)

Opinion

358269

08-31-2021

Citizens Ins Co of the Midwest v. Progressive Michigan Ins Company

Christopher M. Murray, Chief Judge,

LC No. 20-014302-NF

ORDER

Christopher M. Murray, Chief Judge, acting under MCR 7.203(F)(1), orders:

The claim of appeal is DISMISSED for lack of jurisdiction. MCR 7.203(A)(1). The August 4, 2021 order is not a final order as defined in MCR 7.202(6)(a)(i) because the question of damages remains undecided. See Children's Hospital of Michigan v Auto Club Ins Ass'n, 450 Mich. 670, 674-675; 545 N.W.2d 592 (1996). The presence or absence of language designating an order as final does not control whether the order is a final order as defined in MCR 7.202(6)(a)(i). See Botsford Continuing Care Corp v Intelistaf Healthcare Inc, 292 Mich.App. 51, 61; 807 N.W.2d 354 (2011) (order stating that it disposed of the last pending claims and closed the case did not meet the definition of "final order" where claims were pending).