Opinion
366206
06-06-2023
MB v. JDN
LC No. 22-008037-PH
ORDER
Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.203(F)(1), orders:
The claim of appeal is DISMISSED for lack of jurisdiction, because the May 1, 2023 order is not appealable by right. MCR 3.709(B)(1) governs the orders that are appealable by right following entry of a personal protection order (PPO). The May 1, 2023 order is not an order granting or denying a PPO after a hearing, MCR 3.709(B)(1)(a), and it is not an order ruling on respondent's first motion to rescind or modify a PPO that was entered on an ex parte basis, MCR 3.709(B)(1)(b) (emphasis added). In fact, the trial court denied respondent's first motion to terminate the ex parte PPO on September 26, 2022. The May 1, 2023 order may only be appealed by application for leave to appeal. MCR 3.709(B)(2). Dismissal is without prejudice to the filing of a late application under MCR 7.205(A)(4), provided such a filing meets all requirements under the court rules and is not time-barred.