Opinion
366423
10-26-2023
Kareem Janoudi v. Asmaa Abdel-Azim
LC No. 21-000696-DM
Michelle M. Rick Presiding Judge Michael F. Gadola Allie Greenleaf Maldonado Judges
ORDER
The Court orders that the motion to dismiss this appeal for lack of jurisdiction is DENIED because it appears likely that the May 16, 2023 trial court order confirming an arbitration award is appealable of right. While the parties focus their arguments on whether the May 16, 2023 order confirming an arbitration award is a final order under MCR 7.202(6)(a)(i) or (iii) it appears that order is likely appealable of right under MCL 691.1708(1)(c), part of the Uniform Arbitration Act, as an order confirming an arbitration award. In this regard, it appears that the "appeal" allowed by MCL 691.1708(1)(c) should be construed as an appeal of right because otherwise that provision would be nugatory or mere surplusage since MCR 7.203(B)(1) would already have allowed an application for leave to appeal to be filed from a circuit court order confirming an arbitration award. See, e.g., SP v BEK, 339 Mich.App. 171, 178; 981 N.W.2d 500 (2021) (this Court should avoid any construction that renders part of a statute surplusage or nugatory). The May 16, 2023 order also appears likely to be a final order under MCR 7.202(6)(a)(i) as an order reserving the remaining claims in this case for arbitration with nothing being left for the trial court to decide as to those claims when the order was entered. See Rooyakker & Stiz, PLLC v Plante &Moran, PLLC, 276 Mich.App. 146, 148 n 1; 742 N.W.2d 409 (2007). This order is without prejudice to the ability of appellee to raise any issue he wishes as to this Court's jurisdiction over this appeal as of right in his brief on appeal for consideration by the case call panel.