Opinion
363562
11-02-2022
LC No. 2021-035937-AW
ORDER
Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.203(F)(1), orders:
The claim of appeal is DISMISSED for lack of jurisdiction because the October 7, 2022 order is not a final order appealable of right. MCR 7.202(6)(a); MCR 7.203(A). That order is not a final order under MCR 7.202(6)(a)(i) because it does not dispose of the claim for nuisance per se since it does not determine the actual relief to be granted to appellee as to that claim. Specifically, while the order holds that the claim for nuisance per se was established, it determined only that appellee was entitled to equitable relief with regard to this claim without specifying any particular relief as being granted. Dismissal is without prejudice to the filing of a delayed application for leave to appeal under MCR 7.205(A)(4), provided such a filing meets all requirements under the court rules and is not time-barred. Alternatively, appellant may be able to timely file a claim of appeal after a final order under MCR 7.202(6)(a)(i) is entered in this case.