Opinion
359769
02-16-2022
Mandy Pecher v. Josef Gregor Habscheid
LC No. 19-006266-DM
James Robert Redford Presiding Judge Mark T. Boonstra Michael J. Riordan Judges
ORDER
The Court orders that the motion for immediate consideration is GRANTED.
The motion to clarify the immediate consequences of the January 19, 2022 order dismissing the claim of appeal and claim of cross appeal in this Court of Appeals file for lack of jurisdiction is DENIED. Appellee/cross-appellant does not contest this Court's determination that it lacked jurisdiction over the appeal and cross appeal in this file. Given the dismissal of this matter for lack of jurisdiction this Court simply does not have jurisdiction over this case at this time to grant any of the relief sought in this motion. We reiterate that the dismissal of the claim of appeal and claim of cross appeal is without prejudice to the filing of a delayed application for leave to appeal as to the December 22, 2021 judgment of divorce or the filing of a timely claim of appeal after a final judgment or order under MCR 7.202(6)(a)(i) is entered in this case. The denial of this motion is also without prejudice to appellee/cross-appellant seeking whatever relief may be available in the trial court.
The motion to waive fees is GRANTED for the present motions only.