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Webb v. Hillsdale Hosp.

Court of Appeals of Michigan
Aug 21, 2023
No. 364728 (Mich. Ct. App. Aug. 21, 2023)

Opinion

364728

08-21-2023

Darlene Webb v. Hillsdale Hospital


LC No. 2021-000287-NI

Douglas B. Shapiro Presiding Judge Jane E. Markey James Robert Redford Judges

ORDER

The motion to dismiss is GRANTED because the Court of Appeals does not have jurisdiction over the claim of appeal. The January 18, 2023 stipulated order, which dismissed the matter with prejudice, did not contain a reservation of right by appellants to appeal any prior orders in the case. "It is elementary that one cannot appeal from a consent judgment, order or decree." Dora v Lesinski, 351 Mich. 579, 582; 88 N.W.2d 592 (1958). The exception to this general rule allows for an appeal by right only if the consent order reserves the right of a party to appeal a trial court ruling. Travelers Ins v Nouri, 456 Mich. 937; 575 N.W. 561 (1998). See also Field Enterprises v Dep't of Treasury, 184 Mich.App. 151, 153; 457 N.W.2d 113 (1990).


Summaries of

Webb v. Hillsdale Hosp.

Court of Appeals of Michigan
Aug 21, 2023
No. 364728 (Mich. Ct. App. Aug. 21, 2023)
Case details for

Webb v. Hillsdale Hosp.

Case Details

Full title:Darlene Webb v. Hillsdale Hospital

Court:Court of Appeals of Michigan

Date published: Aug 21, 2023

Citations

No. 364728 (Mich. Ct. App. Aug. 21, 2023)