From Casetext: Smarter Legal Research

Elachkar v. Grange Ins. Co. of Mich.

Court of Appeals of Michigan
Nov 15, 2022
No. 362708 (Mich. Ct. App. Nov. 15, 2022)

Opinion

362708

11-15-2022

KHALIL ELACHKAR v. GRANGE INSURANCE COMPANY OF MICHIGAN


LC No. 18-111218-NI

ORDER

Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.211(E)(2), orders:

In light of the fact that appellant has now properly cured the outstanding defects, the motion for reconsideration is GRANTED. The order dated October 5, 2022, is VACATED, and the claim of appeal is REINSTATED.

However, the claim of appeal is now DISMISSED for lack of jurisdiction because it was untimely filed. Under MCR 7.204(A)(1), an appeal of right must be filed within 21 days after entry of the order being appealed from or within 21 days after entry of an order deciding a motion for post-judgment relief, provided the motion for post-judgment relief was filed within the initial 21-day appeal period. Here, the final order of dismissal was entered on July 28, 2022. The trial court register of actions reflects that no motion for reconsideration was filed from that order. Therefore, appellant was required to file the claim of appeal by August 18, 2022. MCR 7.204(A)(1). The claim of appeal was not filed until August 25, 2022. Therefore, the claim of appeal was untimely filed and this Court lacks jurisdiction over this appeal. MCR 7.204(A)(1).


Summaries of

Elachkar v. Grange Ins. Co. of Mich.

Court of Appeals of Michigan
Nov 15, 2022
No. 362708 (Mich. Ct. App. Nov. 15, 2022)
Case details for

Elachkar v. Grange Ins. Co. of Mich.

Case Details

Full title:KHALIL ELACHKAR v. GRANGE INSURANCE COMPANY OF MICHIGAN

Court:Court of Appeals of Michigan

Date published: Nov 15, 2022

Citations

No. 362708 (Mich. Ct. App. Nov. 15, 2022)