Opinion
363287
10-19-2022
In re Petition of Manistee County Treasurer for Foreclosure
LC No. 2020-017073-CZ
ORDER
Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.203(F)(1), orders:
The claim of appeal is DISMISSED for lack of jurisdiction. Read literally, the claim of appeal indicates that it is taken from the September 19, 2022 order denying appellant's motion for reconsideration. But such an order denying a motion for reconsideration is not a final order appealable of right. MCR 7.202(6)(a); MCR 7.203(A). Further, the claim of appeal cannot be saved by treating it as taken from the underlying August 29, 2022 postjudgment order denying appellant's motion to disburse remaining proceeds from a tax foreclosure sale. The final order under MCR 7.202(6)(a)(i) in this case was the February 12, 2021 judgment of foreclosure, not the August 29, 2022 postjudgment order. Accordingly, the August 29, 2022 order is not appealable of right. MCR 7.203(A). 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.