Opinion
370297
04-05-2024
PITSCH RECYCLING & DISPOSAL INC v. GARY L PITSCH
LC No. 21-000488-CB
ORDER
Michael F. Gadola, Chief Judge, acting under MCR 7.203(F)(1), orders:
The claim of appeal is DISMISSED for lack of jurisdiction because the March 11, 2024 order is not a final order appealable by right. MCR 7.202(6)(a); MCR 7.203(A)(1). Specifically, the March 11, 2024 order is not the first order that disposes of all the claims and adjudicates the rights and liabilities of all the parties. MCR 7.202(6)(a)(i). The third-party claims remain pending. The fact that the March 11, 2024 order states that it "is a final order" pursuant to MCR 2.602 is not controlling for purposes of this Court's jurisdiction. Faircloth v Family Independence Agency, 232 Mich.App. 391, 400; 591 N.W.2d 314 (1998). "[A]n order designated as final under MCR 2.604(B)" is a final order appealable by right under MCR 7.202(6)(a)(ii). However, the March 11, 2024 order was not designated as final under MCR 2.604(B). Dismissal is without prejudice to whatever other relief may be available consistent with the court rules.