Twp. of Leelanau v. NM Inv. Co.

Full title: Township of Leelanau v. NM Investment Company LLC

Court: Court of Appeals of Michigan

Date published: Jul 5, 2022

No. 361920 (Mich. Ct. App. Jul. 5, 2022)

Opinion

361920

07-05-2022

Township of Leelanau v. NM Investment Company LLC

Elizabeth L. Gleicher, Chief Judge,

LC No. 2021-010733-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. The February 14, 2022, April 12, 2022, and June 16, 2022 orders specified as the orders appealed from in the claim of appeal are not final orders appealable of right. MCR 7.202(6)(a); MCR 7.203(A). Particularly, those orders are not final orders under MCR 7.202(6)(a)(i) as they left a count of the countercomplaint in this case undisposed. Further, the claim of appeal cannot be saved by treating it as taken from the June 22,2022 order dismissing the remaining counterclaim without prejudice on stipulation of the relevant parties because such a stipulated order dismissing the remaining claim in the case without prejudice is not a final order under MCR 7.202(6)(a)(i) and is not appealable of right. Detroit v Michigan, 262 Mich.App. 542, 545; 686 N.W.2d 514 (2004). Dismissal is without prejudice to the filing of a delayed 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.