Opinion
370119
05-22-2024
KIRK B SMITH v. KIM L SMITH
LC No. 22-113555-DM
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 a final order or judgment had not yet been entered when the claim of appeal was filed on March 15, 2024. MCR 7.203(A)(1). Because the trial court did not enter the signed judgment of divorce until after the claim of appeal was filed, the jurisdictional defect of this premature claim of appeal cannot be cured by the March 26, 2024 signed 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.