Opinion
369028
12-19-2023
In re SMS Minor
LC No. 23-005541-AD
ORDER
Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.203(F)(1), orders:
The claim of appeal is DISMISSED for lack of jurisdiction. The November 28,2023 order, which denied an amended motion for rehearing/reconsideration, is not appealable by right. MCR 7.203(A); MCR 7.202(6)(a); Nye v Gable, Nelson, &Murphy, 169 Mich.App. 411, 415; 425 N.W.2d 797 (1988). Moreover, the claim of appeal is untimely from the September 29, 2023 order of the trial court because the claim of appeal was not filed within 21 days of entry of that order, MCR 7.204(A)(1)(a), or within 21 days of entry of an order deciding a timely motion for rehearing/reconsideration. The November 20,2023 amended motion, which led to entry of the November 28,2023 order, was not timely "filed within the initial 21-day appeal period," MCR 7.204(A)(1)(d) (emphasis added). See also MCL 710.64(1). As such, the untimely amended motion did not extend the time for filing an appeal of right from the September 29,2023 order. Thus, the claim of appeal could not be timed from entry of the November 28,2023 order. Dismissal is without prejudice to the filing of a late application for leave to appeal, MCR 7.205(A)(4), provided such a filing meets all court rule requirements and is not time-barred.