Opinion
361401
05-31-2022
In re E Earl Lyden Trust
LC No. 20-002025-TV
ORDER
Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.203(F)(1), orders:
The claim of appeal and the claim of cross appeal are DISMISSED. This Court lacks jurisdiction over the claim of appeal because, although the May 2, 2022 order appealed from is appealable by right, MCR 5.801(A)(2)(x), appellant is not aggrieved by that order. MCR 7.203(A); MCR 5.801(A). Additionally, assuming without concluding that the other probate court orders filed with the claim of appeal are final orders as defined in MCR 5.801(A)(2), claims of appeal from those orders are untimely. MCR 7.204(A)(1)(a). It is axiomatic that a party cannot wait for a subsequent final order to appeal a prior final order. See McDonald v Stroh Brewery Co, 191 Mich.App. 601, 609; 478N.W.2d 669 (1991). Further, the claim of cross appeal is dismissed because this Court lacks jurisdiction over the claim of appeal. Dismissal of the claim of cross appeal 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.