STEPHEN PATRICK COLLINS V CHARTER TOWNSHIP OF NILES

379566Court Of Appeals3 mars 2026

Texte intégral

Court of Appeals, State of Michigan
ORDER
STEPHEN PATRICK COLLINS V CHARTER TOWNSHIP OF NILES
Docket No. 379566
LC No. 2025-000290-AW
Michael F. Gadola, Chief Judge, acting under MCR 7.203(F)(1), orders:
The claim of appeal is DISMISSED for lack of jurisdiction because it was not filed within
21 days of the order being appealed from and no motion for postjudgment relief was filed within the initial
21-day appeal period. MCR 7.204(A)(1)(a). The order appealed from was signed and entered on January
30, 2026. The 21-day appeal period expired on Friday, February 20, 2026, but the claim of appeal was
not submitted to this Court until Saturday, February 21, 2026. It is irrelevant that the January 30, 2026
order may have been mailed to appellant’s counsel on February 5, 2026. The mailing of the order on
February 5, 2026 constituted timely service of the order, MCR 2.107(C) (service by mail is permissible);
MCR 2.602(E) (within 7 days of the signing of the order). Therefore, MCR 7.204(A)(3) is not applicable
to extend the time for filing a claim of appeal from the January 30, 2026 order. Dismissal is without
prejudice to the filing of a late appeal under MCR 7.205(A)(4), provided such a filing meets all
requirements under the court rules and is not time-barred.
A true copy entered and certified by Jerome W. Zimmer Jr. , Chief Clerk, on
Date

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