Opinion
363634
11-08-2022
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).