Opinion
369490
03-08-2024
MICHAEL D SANDERSON LIVING TRUST v. ESTATE OF PETER G SANDERSON
LC No. 2023-008789-CH
ORDER
Michael F. Gadola, Chief Judge, acting under MCR 7.203(F)(1), orders:
The claim of appeal is DISMISSED for lack of jurisdiction. Read literally, the claim of appeal is taken from a January 3, 2024 order denying a motion for reconsideration that is plainly not a final order appealable of right. MCR 7.202(6)(a); MCR 7.203(A). Further, the claim of appeal cannot be saved by treating it as taken from the underlying November 27, 2023 order because that order is also not a final order appealable of right. MCR 7.202(6)(a); MCR 7.203(A). The November 27, 2023 order is not a final order under MCR 7.202(6)(a)(i) because it does not dispose of all claims in this case where it expressly provides for entry of a subsequent final order to quiet title to the relevant property and dismiss appellant's request for petition. 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. Alternatively, appellant may be able to timely file a claim of appeal after an actual final judgment or final order under MCR 7.202(6)(a)(i) is entered in this case.
The motion to waive fees is GRANTED for this case only.