Opinion
372579
10-24-2024
LAURENCE & SUZANNE STOCK TRUST v. SUZANNE HELEN STOCK FAMILY TRUST
LC No. 22-010637-CZ
ORDER
Stephen L. Borrello, Chief Judge Pro Tem, acting under MCR 7.203(F)(1), orders:
The claim of appeal is DISMISSED for lack of jurisdiction because the August 30, 2024 order is not a final order appealable of right in this probate court civil action case. MCR 5.801(A)(1); MCR 7.202(6)(a). While the August 30, 2024 order awards attorney fees it is not a final order under MCR 7.202(6)(a)(iv) because it is not a postjudgment order. Also, MCR 5.801(A)(2)(x) is inapplicable because that final order definition applies in specified probate court "proceeding" cases, not to a probate court civil action case. 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.