Opinion
368538
04-09-2024
DAVID LOTARSKI v. MEEMIC INSURANCE COMPANY
LC No. 2021-186583-CK
Michael J. Riordan Presiding Judge, Thomas C. Cameron, Allie Greenleaf Maldonado Judges
ORDER
The motion to file a late answer is GRANTED and the answer filed on December 20, 2023 is accepted.
To the extent that plaintiffs seek to apply for delayed leave to appeal the order granting summary disposition to defendant, this Court lacks jurisdiction because appellants failed to file their application within six months of the date of entry of the April 13, 2023 order and the postjudgment motion for reconsideration was not filed within the initial 21-day appeal period or within further time allowed by the trial court. See MCR 7.205(A)(1); MCR 7.205(A)(4)(a). This Court's jurisdiction is limited to the May 8, 2023 order denying plaintiffs' untimely motion for reconsideration, and our review of this postjudgment order does not extend to the order granting summary disposition, which could have been appealed as of right. See Poxson v Poxson, 260 Mich. 625, 627; 245 N.W. 536 (1932); see also Surman v Surman, 277 Mich.App. 287, 294; 745 N.W.2d 802 (2007) ("When a final order is entered, a claim of appeal from that order must be timely filed.").
The delayed application for leave to appeal the May 8, 2023 order is DENIED for lack of merit in the grounds presented.