ERIC BRADLEY V LINDA FRYE-CHAIKEN

Court of Appeals, State of Michigan
ORDER
ERIC BRADLEY V LINDA FRYE-CHAIKEN
Docket No. 379582
LC No. 18-001059-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 February 2, 2026
order is not appealable by right. MCR 7.203(A). The order denied appellant’s motion to vacate two
earlier orders. An order, which denies a motion for relief from another order, is not final under any of the
definitions in MCR 7.202(6)(a) and is not otherwise appealable by right under any other court rule or
statute, MCR 7.203(A)(2). An order denying relief from an earlier judgment or order is significant only
to the extent that it may, in certain circumstances, act as a trigger for timing the filing of a claim of appeal
from an order that is final and appealable by right. MCR 7.204(A)(1)(d). See also Nye v Gable, Nelson,
& Murphy, 169 Mich App 411, 415; 425 NW2d 797 (1988). Because appellant clearly asserted her intent
to claim an appeal from the February 2, 2026 order itself, as opposed to any earlier orders, and because
the order is not final and appealable by right, the Court does not have jurisdiction. Dismissal is without
prejudice to whatever other relief may be available consistent with the court rules.
A true copy entered and certified by Jerome W. Zimmer Jr. , Chief Clerk, on
Date

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