Opinion
362954
09-20-2022
NF v. IF
LC No. 22-000068-PP
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 August 25, 2022 order is not appealable by right. The specific provisions of MCR 3.709(B)(1) apply to determine the orders that are appealable by right following entry of a personal protection order. See Hill v L F Transportation, Inc, 277 Mich.App. 500, 507; 746 N.W.2d 118 (2008) (citation omitted) (rules of statutory construction apply to the interpretation of court rules), and Miller v Allstate Ins Co, 481 Mich. 601, 613; 751 N.W.2d 463 (2008) (specific provisions prevail over general ones). The August 25, 2022 order is not an order granting or denying a personal protection order after a hearing, MCR 3.709(B)(1)(a), and it is not an order ruling on respondent's first motion to terminate the personal protection order, MCR 3.709(B)(1)(b). In fact, the trial court did not rule on respondent's first motion to terminate the personal protection order because respondent withdrew the motion. The August 25,2022 order may 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.