Opinion
359276
01-25-2022
JLLJ Development LLC v. Kewadin Casinos Gaming Authority
LC No. 21-000189-CB
Amy Ronayne Krause, Michael F. Gadola Judges
ORDER
Michelle M. Rick Presiding Judge
The Court orders that the motion for immediate consideration is GRANTED.
The motion to dismiss this appeal is also GRANTED. The claim of appeal was not timely filed under MCR 7.204(A)(1) as to either the July 21, 2021 or September 7, 2021 trial court order. In this regard, the trial court motion for reconsideration of the September 7, 2021 order did not extend the time for filing a claim of appeal as to that order because the motion for reconsideration was not filed within 21 days after entry of that order and the trial court did not extend the time for filing the motion for reconsideration. Thus, there is no need to consider whether either the July 21, 2021 order or the September 7, 2021 order would have been appealable of right if a claim of appeal had been timely filed as to either order. Further, neither the October 27, 2021 trial court order nor the October 28, 2021 trial court order is a final order appealable of right. MCR 7.202(6)(a); MCR 7.203(A). As to the October 27, 2021 order, we note that, while it includes an award of attorney fees and costs, it is not a postjudgment order and, thus, is not a final order under MCR 7.202(6)(a)(iv). 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 as to the relevant order(s) at the time of filing.