BODY MECHANICS PHYSICAL THERAPY PC V AUTO CLUB INSURANCE ASSN

Court of Appeals, State of Michigan
ORDER
BODY MECHANICS PHYSICAL THERAPY PC V AUTO CLUB
INSURANCE ASSN
Docket No. 376866
LC No. 23-015203-AV
Daniel S. Korobkin
Presiding Judge
Michael F. Gadola
Christopher P. Yates
Judges
The application for leave to appeal is DENIED for failure to persuade the Court of the need
for immediate appellate review. Appellant appealed the district court’s October 3, 2023 order denying its
motion for reconsideration to the circuit court. The circuit court granted leave to appeal and affirmed the
October 3, 2023 order. Appellant has not demonstrated the need for immediate appellate review as to the
order appealed to the circuit court, which again, is the October 3, 2023 order. That said, we note that the
“order” denying in part appellant’s motion for summary disposition, dated August 28, 2023, does not
appear to be an order at all, as it was not signed by the presiding Judge. MCR 2.602(A)(1); McNary v
City of Taylor, 41 Mich App 556, 558; 200 NW2d 772 (1972) (“Judge Burdick never signed an order
implementing the denial of February 8, and a court speaks through its orders. Jurisdiction of this Court is
confined to appeals from judgments or orders . . .”). Accordingly, it appears that the motion for summary
disposition has not been adjudicated by the district court in an appealable, written order.
_______________________________
Presiding Judge

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