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Tiedel v. Wierenga

Court of Appeals of Michigan
Nov 8, 2022
No. 363634 (Mich. Ct. App. Nov. 8, 2022)

Opinion

363634

11-08-2022

Michael Tiedel v. Robert W Wierenga


LC No. 2018-000287-CZ

ORDER

Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.203(F)(1), orders:

The claim of appeal is DISMISSED for lack of jurisdiction. MCR 7.203(A)(1). The October 27, 2022 order is not a final order appealable by right as defined in MCR 7.202(6)(a)(i) because it did not resolve the merits of the third-party claims and the counterclaim or bar those claims from being resurrected in the future. Detroit v Michigan, 262 Mich.App. 542, 545; 686 N.W.2d 514 (2004) ("[t]he parties' stipulation to dismiss the remaining claims without prejudice is not a final order that may be appealed as of right; it does not resolve the merits of the remaining claims, and as such, those claims are 'not barred from being resurrected on that docket at some future date.'" Moreover, the fact that the order indicates it "is a Final Order and closes the case" is not controlling for purposes of this Court's jurisdiction. See Faircloth v Family Independence Agency, 232 Mich.App. 391,400; 591 N.W.2d 314 (1998).


Summaries of

Tiedel v. Wierenga

Court of Appeals of Michigan
Nov 8, 2022
No. 363634 (Mich. Ct. App. Nov. 8, 2022)
Case details for

Tiedel v. Wierenga

Case Details

Full title:Michael Tiedel v. Robert W Wierenga

Court:Court of Appeals of Michigan

Date published: Nov 8, 2022

Citations

No. 363634 (Mich. Ct. App. Nov. 8, 2022)