Opinion
369658
03-25-2024
BRADLEY S SOLAREK v. KELLISON WOODS CONDOMINIUM ASSOCIATION
LC No. 2019-000338-CH
ORDER
Michael F. Gadola, Chief Judge, acting under MCR 7.203(F)(1), orders:
The claim of appeal from the February 7, 2024 order is DISMISSED for lack of jurisdiction because the February 7, 2024 order is not appealable by right as a postjudgment order awarding attorney fees. MCR 7.202(6)(a)(iv); MCR 7.203(A)(1). Although the February 7, 2024 order states that plaintiffs-appellants "shall be ordered to pay the actual reasonable attorneys' fees" that defendants-appellees Kellison Woods Condominium Association and Oshtemo Charter Township incurred, the order did not determine the amount of attorney fees to be paid. See In re Estate of Hemminger, 463 Mich. 941; 620 N.W.2d 852 (2000) (holding that the trial court's order directing the payment of attorney fees and costs "was not a final order because the amount of attorney fees and costs had not been determined"); John J Fannon Co v Fannon Prod, LLC, 269 Mich.App. 162, 166; 712 N.W.2d 731 (2005) ("An order that merely grants the imposition of sanctions is not a 'final order' if the amount of fees and costs remains to be determined."). Dismissal is without prejudice to whatever other relief may be available consistent with the court rules.