SPRING ARBOR TOWNSHIP V LEONARD JUNIOR COUSINO

Court of Appeals, State of Michigan
ORDER
SPRING ARBOR TOWNSHIP V LEONARD JUNIOR COUSINO
Docket No. 381733
LC No. 2025-001854-CH
Michael F. Gadola, Chief Judge, acting under MCR 7.203(F)(1), orders:
The claim of appeal and appellant’s motion for stay are DISMISSED for lack of
jurisdiction. The July 6, 2026 order from which the appeal was claimed is not appealable by right. MCR
7.203(A)(1)(a); MCR 7.202(6)(a). See Nye v Gable, Nelson & Murphy, 169 Mich App 411, 415; 425
NW2d 797 (1988) (an order denying reconsideration is not appealable by right). Additionally, the July
28, 2026 judgment, which appears to be the final order in this case pursuant to MCR 7.202(6)(a)(i), was
entered after appellant filed his July 24, 2026 claim of appeal. As such, the claim of appeal was
prematurely filed in relation to entry of the judgment, MCR 7.204(A)(1)(a), and the Court cannot assume
jurisdiction over the claim of appeal as if taken from the judgment. Dismissal is without prejudice to the
filing of a late appeal under MCR 7.205(A)(4), provided such a filing meets all requirements of the court
rules and is not time-barred.
September 9, 2026

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