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Khurana v. Khurana

Court of Appeals of Michigan
Feb 2, 2022
No. 359443 (Mich. Ct. App. Feb. 2, 2022)

Opinion

359443

02-02-2022

ANJU SETHI KHURANA v. GREESH KHURANA


LC No. 2021-504642-DM

Mark J. Cavanagh Elizabeth L. Gleicher Judges

ORDER

Deborah A. Servitto Presiding Judge|

The motion for immediate consideration is GRANTED.

The motion to reply to the answer to the motion to dismiss is GRANTED. The reply to the answer received on January 25, 2022, is accepted for filing.

The motion to dismiss is GRANTED. The claim of appeal was not timely filed with the Court of Appeals. MCR 7.203(A); MCR 7.204(A)(1)(b). The August 18, 2021 default judgment of divorce was the final order appealable by right. See Allied Electric Supply Co, Inc v Tenaglia, 461 Mich. 285, 288 (1999) (note that under Allied, an order denying a motion to set aside a default judgment does not qualify as a final order). The September 8, 2021 motion to set aside that judgment was a timely post-judgment motion that deferred the appeal period under MCR 7.204(A)(1)(b). Id. Therefore, the claim of appeal had to be filed within 21 days after entry of the order denying the motion to set aside the default judgment of divorce. Id; MCR 7.204(A)(1)(b). That order was entered on September 23, 2021. Hence, the claim of appeal was required to be filed by October 14, 2021. However, the claim of appeal was not filed until December 1, 2021. The motion for reconsideration of the order denying the motion to set aside the default judgment, filed on October 13, 2021, did not extend the time for claiming an appeal of right because it was not timely filed. See MCR 7.204(A)(1)(b). The filing was made outside of the initial 21-days appeal period (i.e., the motion was not filed within 21 days of entry of the default judgment of divorce). Appellant may file 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.


Summaries of

Khurana v. Khurana

Court of Appeals of Michigan
Feb 2, 2022
No. 359443 (Mich. Ct. App. Feb. 2, 2022)
Case details for

Khurana v. Khurana

Case Details

Full title:ANJU SETHI KHURANA v. GREESH KHURANA

Court:Court of Appeals of Michigan

Date published: Feb 2, 2022

Citations

No. 359443 (Mich. Ct. App. Feb. 2, 2022)