Opinion
371388
07-16-2024
KRISTI ANE CRUZ v. CHARLES WATTS
LC No. 23-000233-DC
ORDER
Stephen L. Borrello, Chief Judge Pro Tem, acting under MCR 7.203(F)(1), orders:
The claim of appeal is DISMISSED for lack of jurisdiction because the May 30, 2024 order denying a motion for reconsideration is not a final order appealable of right. MCR 7.202(6)(a); MCR 7.203(A). It appears that the trial court may have entered a final order in this matter under either MCR 7.202(6)(a)(i) or (iii) on February 7, 2024. But the claim of appeal cannot be saved by treating it as taken from the February 7, 2024 order because it was not timely filed as to that order. Particularly, the claim of appeal was not filed within 21 days after entry of either the February 7, 2024 order or the March 27, 2024 order denying appellant's motion to set aside the February 7, 2024 order. MCR 7.204(A)(1)(a), (d). Further, the motion for reconsideration that was denied in the May 30, 2024 order was filed more than 21 days after entry of the February 7, 2024 order. Thus, it did not extend the time for filing a claim of appeal from the February 7, 2024 order. MCR 7.204(A). Dismissal is without prejudice to the filing of a delayed application for leave to appeal under MCR 7.205(A)(4) from any appropriate trial court order in this case, provided such a filing meets all requirements under the court rules and is not time-barred.