Roberts v. Opperthauser

Full title: JANET ELAINE ROBERTS v. STEVEN C OPPERTHAUSER

Court: Court of Appeals of Michigan

Date published: Jan 25, 2022

No. 359946 (Mich. Ct. App. Jan. 25, 2022)

Opinion

359946

01-25-2022

JANET ELAINE ROBERTS v. STEVEN C OPPERTHAUSER

Elizabeth L. Gleicher, Chief Judge,

LC No. 2019-876486-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 it was not timely filed. MCR 7.204(A). The claim of appeal was not filed within 21 days after entry of the final order appealed from, the March 5, 2021, amended attorney fees order, or within 21 days of the October 1, 2021, denial of the first and only timely-filed motion for reconsideration. The second motion for reconsideration was not filed within the initial 21-day appeal period, i.e., within 21 days of the March 5, 2021 order. See MCR 7.204(A)(1)(b) (an appeal of right in a civil action may be taken within 21 days after the entry of an order denying reconsideration if the motion was filed within the initial 21 day period). Therefore, the claim of appeal cannot be timed from the December 22, 2021, order denying the second motion for reconsideration and the claim of appeal is untimely. Dismissal is without prejudice to the filing of a late 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.