ALPENA CO BOARD OF COUNTY ROAD COMMISSIONERS V BRIAN TADAJEWSKI

Court of Appeals, State of Michigan
ORDER
ALPENA CO BOARD OF COUNTY ROAD COMMISSIONERS V BRIAN TADAJEWSKI
Docket No. 377730
LC No. 22-001899-CH
Michael F. Gadola, Chief Judge, acting under MCR 7.203(F)(1), orders:
The claim of appeal is DISMISSED for lack of jurisdiction because the October 2, 2025
order is not a final order appealable of right. MCR 7.202(6)(a); MCR 7.203(A). A postjudgment
compensatory civil contempt order against a party to a case is not a final order under MCR 7.202(6)(a)(iv),
even if it includes amounts measured by attorney fees and costs. Alpena Co Bd of Co Rd Commr’s v
Tadajewski, ___ Mich App ___; ___ NW2d ___ (Docket No. 374166, issued October 29, 2025). The trial
court’s certification of the order as a final order under MCR 7.202(6)(a)(iv), which must now be deemed
inaccurate, is not controlling. Faircloth v Family Independence Agency, 232 Mich App 391, 401; 591
NW2d 314 (1998). 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.
The motion to waive fees is GRANTED for this case only.
November 24, 2025

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