Opinion
365541
06-01-2023
Traverse City Convention & Visitors Bureau v. Golden Swan Mgt LLC
LC No. 2022-036134-CZ
Michelle M. Rick Presiding Judge Michael F. Gadola Allie Greenleaf Maldonado Judges
ORDER
The motion to dismiss this appeal for lack of jurisdiction is DENIED because appellee has not clearly established that the March 30, 2023 order appealed from is not a final order under MCR 7.202(6)(a)(i). Particularly, it appears that the present case may be distinguishable from Children's Hosp of Michigan v Auto Club Ins Ass'n, 450 Mich. 670; 545 N.W.2d 592 (1996), because the claims pleaded in appellee's complaint may properly be considered as only requesting declaratory relief, not entry of a specific monetary judgment, and because the March 30, 2023 order does not appear to contemplate further court proceedings as to determining monetary damages. In this regard, further pleadings filed by the parties in the trial court after the claim of appeal was filed in this Court seem immaterial to this Court's jurisdiction over this appeal as of right because, if the March 30, 2023 order is properly appealable of right, jurisdiction would have vested with this Court when the claim of appeal was filed. See MCR 7.204(B). This order is without prejudice to appellee's ability to raise the issue of whether the March 30, 2023 order is appealable of right in its appellee's brief for consideration by the case call panel.