Opinion
363729
11-22-2022
LC No. 22-004838-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. The October 17, 2022 order denying reconsideration is not a final order appealable by right. Nye v Gable, Nelson & Murphy, 169 Mich.App. 411, 415; 425 N.W.2d 797 (1988). The trial court's indication that the October 17, 2022 order was "the final order and closes the case" 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). Further, the claim of appeal is untimely from the July 5, 2022 order because it was not filed within 21 -days after entry of that order, and the motion for reconsideration was not filed within the initial 21-day appeal period or within further time that the trial court allowed for good cause during that 21-day period. MCR 7.204(A)(1). According to the register of actions, the motion for reconsideration was filed on July 27, 2022, which was 22 days after entry of the July 5, 2022 order. Dismissal is without prejudice to the filing of a late appeal under MCR 7.205(A)(4), provided such a filing meets all requirements under the court rules and is not time-barred.