MICHAEL R SAIIA V SEAN MICHAEL KASS

Court of Appeals, State of Michigan
ORDER
MICHAEL R SAIIA V SEAN MICHAEL KASS
Docket No. 378501
LC No. 2024-032370-CZ
Kirsten Frank Kelly
Presiding Judge
Christopher P. Yates
Allie Greenleaf Maldonado
Judges
The motion for immediate consideration of the motion for reconsideration of this Court’s
December 8, 2025 order dismissing this appeal is DENIED in light of appellant’s motion for leave to file
reply to the answer to the motion for reconsideration effectively precluding immediate consideration of
the motion for reconsideration.
Appellant’s motion for leave to file reply to the answer to the motion for reconsideration
is GRANTED.
The motion for reconsideration is GRANTED. The December 8, 2025 order is VACATED
(except as to granting appellant’s motion to waive fees), and the claim of appeal is REINSTATED. The
“filed 11-12-25” notation for the opinion and order appealed from in the trial court register of actions
logically indicates that – despite the “11/06/2025” designation in the register of actions which in isolation
would suggest the entry was made on November 6, 2025 – the entry was actually made on November 12,
2025 (at the earliest). For purposes of the timeliness of a claim of appeal in this Court the date of “entry”
of an order appealed from includes “the date that data entry of the judgment or order is accomplished in
the issuing tribunal’s register of actions.” MCR 7.204(A). Thus, the claim of appeal was timely filed
within 21 days after entry of the order appealed from. MCR 7.204(A)(1)(a). It is also apparent that the
order appealed from is appealable of right. MCR 7.202(6)(a)(i); MCR 7.203(A)(1).
The motion for stay and related motion for immediate consideration are REINSTATED
and shall be referred to a motion panel of this Court for a decision.
_______________________________
Presiding Judge
December 26, 2025

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