Opinion
372338
10-08-2024
TAHANI SHAKIR v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
LC No. 21-000076-NF
ORDER
Stephen L. Borrello, Chief Judge Pro Tem, acting under MCR 7.203(F)(1), orders:
The claim of appeal is DISMISSED for lack of jurisdiction because the order appealed from, an order denying defendants' motion to set aside a default judgment, is not a final order as defined under MCR 7.202(6) and the claim of appeal is not timely filed in relation to the default judgment entered on November 21, 2022. MCR 7.203(A)(1); MCR 7.204(A); Allied Electric Supply Co Inc v Tenaglia, 461 Mich. 285; 602 N.W.2d 572 (1999). The claim of appeal is not timely filed because the motion to set aside the default judgment was not filed within 21 days after entry of the default judgment. MCR 7.204(A)(1)(d). 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.