Livonia City Treasurer v. Briggs

Full title: Livonia City Treasurer v. Setina Briggs

Court: Court of Appeals of Michigan

Date published: Dec 27, 2023

No. 367520 (Mich. Ct. App. Dec. 27, 2023)

Opinion

367520

12-27-2023

Livonia City Treasurer v. Setina Briggs

Elizabeth L. Gleicher, Chief Judge

LC No. 23-004161-AV

ORDER

Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.203(F)(1), orders:

The application for leave to appeal is DISMISSED for lack of jurisdiction because the lower court had not entered an order before appellant filed the application on August 28, 2023; thus, the application is premature. MCR 7.203(B) and 7.205(A). The order electronically entered by the circuit court on August 10, 2023, was not signed by the circuit court Judge, and thus, is not an "order" that may be appealed. See 2.602(A)(1) (emphasis added) ("Except as provided in this rule and in MCR 2.603, all judgments and orders must be in writing, signed by the court, and dated with the date they are signed'). See also McNary v. City of Taylor, 41 Mich.App. 556, 558; 200 N.W.2d 772 (1972) ("Judge Burdick never signed an order implementing the denial of February 8, and a court speaks through its orders. Jurisdiction of this Court is confined to appeals from judgments or orders . . .").