MANDY PECHER V JOSEF GREGOR HABSCHEID

Court of Appeals, State of Michigan
ORDER
MANDY PECHER V JOSEF GREGOR HABSCHEID
Docket No. 377548
LC No. 2019-006266-DM
James Robert Redford
Presiding Judge
Randy J. Wallace
Christopher M. Trebilcock
Judges
The motion to dismiss this appeal is DENIED. Contrary to appellee’s assertion, MCR
7.204(A)(1)(d) does not require that all timely postjudgment orders for relief from the order appealed from
be disposed of before a claim of appeal may be filed. Rather, MCR 7.204(A)(1)(d) allows for the filing
of a claim of appeal within 21 days after entry of “an order deciding a postjudgment motion for new trial,
rehearing, reconsideration, or other relief from the order or judgment appealed, if the motion was filed
within the initial 21-day appeal period” (emphasis added). Here, the lower court register of actions shows
that appellee filed a motion to set aside the May 15, 2025 order appealed from on June 5, 2025 – 21 days
after entry of the order appealed from. And the trial court denied that motion in a September 10, 2025
order. So, the claim of appeal filed 20 days later on September 30, 2025 was timely filed. Further,
appellee has not established that the May 15, 2025 order is not appealable of right. Under MCR
7.202(6)(a)(i), an order that “disposes of all the claims and adjudicates the rights and liabilities of all the
parties” entered “after reversal of an earlier final judgment or order” is a final order. In its opinion deciding
an earlier appeal in this case, specifically in Pecher v Habscheid, unpublished opinion of the Court of
Appeals (Docket No. 361496, issued July 20, 2023), this Court reversed in part and remanded for further
proceedings related to the distribution of tax refunds from Germany and calculation of child support. The
trial court entered a uniform child support order on May 5, 2025 and the May 15, 2025 order regarding
division of the tax refunds on May 15, 2025. Thus, the May 15, 2025 order appears to be appealable of
right. MCR 7.202(6)(a)(i); MCR 7.203(A)(1).
_______________________________
Presiding Judge
December 19, 2025

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