Opinion
358125
08-17-2021
Dan Herrema v. Patricia Reagan
LC No. 20-003051-CH
ORDER
Christopher M. Murray, Chief Judge, acting under MCR 7.203(F)(1), orders:
The claim of appeal is DISMISSED for lack of jurisdiction because it was not timely filed from the final order in the case. MCR 7.203(A); 7.204(A)(1)(b). The June 23, 2021 order from which the appeal was claimed was a postjudgment order and not a final order appealable by right. See Allied Electric Supply Co, Inc v Tenaglia, 461 Mich. 285, 288; 602 N.W.2d 572 (1999) ("[A]n order denying a motion to set aside a default judgment is no longer deemed a final judgment.") The May 14, 2021 judgment entered in this case was the final judgment appealable by right. Id. And, the May 18, 2021 motion to set aside that judgment "was a postjudgment motion that deferred the appeal period under MCR 7.204(A)(1)(b)." Id. Therefore, the claim of appeal had to be filed within 21 days after entry of the June 23, 2021 order. Id; MCR 7.204(A)(1)(b). The motion for reconsideration of the June 23, 2021 order did not extend the time for claiming an appeal of right. Id. at 288-289. Dismissal is without prejudice to the filing of a delayed application for leave to appeal under MCR 7.205(A)(4)(a), provided such a filing meets all requirements under the court rules and is not time-barred.