Opinion
367692
12-05-2023
IN RE HMC
LC No. 2018-865066-NA
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 defect, the motion for reconsideration is GRANTED. The order dated November 8, 2023, is VACATED, and the claim of appeal is REINSTATED.
However, the claim of appeal is now DISMISSED for lack of jurisdiction because (1) the order on appeal in this case, the May 22, 2023 order denying rescission of an adoption, is not an order appealable to this Court as of right under the provisions of MCR 3.993(A). Therefore, this Court lacks jurisdiction over this appeal; and (2) the claim of appeal was untimely filed. MCR 7.204(A) provides that the time for filing an appeal of right is jurisdictional. Under MCR 7.204(A)(1), an appeal must be filed within 21 days after entry of the order being appealed from. Here, the order being appealed from was entered on May 22,2023. Therefore, the claim of appeal was required to be filed with the Court of Appeals by June 12, 2023. However, the claim of appeal was not filed until September 11, 2023, roughly three months too late.
Because the claim of appeal is not from an order appealable as of right under MCR 3.993(A) and because the claim of appeal was untimely filed under MCR 7.204(A)(1), this Court lacks jurisdiction over this appeal.