Opinion
360830
04-26-2022
In re Edmonds Estate
LC No. 18-000724-DE
ORDER
Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.203(F)(1) and MCR 7.211(E)(2) orders:
The affidavit concerning financial status is treated as a motion to waive fees and is GRANTED for this appeal only.
The claim of appeal is DISMISSED for lack of jurisdiction because it is untimely. The claim of appeal was not filed within 21 days of the entry of the February 9, 2022 order or within 21 days of an order deciding a postjudgment motion for relief from the February 9, 2022 order. MCR 7.204(A)(1)(a) and (d). Additionally, the March 9, 2022 order is not a final order appealable by right because it did not substantively change the February 9, 2022 order. See e.g., Konal v Forlini, 235 Mich.App. 69, 74; 596 N.W.2d 630 (1999). 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.