The court’s jurisdiction; Appeal as of right under MCR 7.203(A)(1); “Final order”; MCR 7.202(6)(a)(i) & (iv); Declining to treat a claim of appeal as an application for leave to appeal

The court held that appellants improperly filed their appeal as one as of right rather than filing an application for leave to appeal, and it declined to treat the claim of appeal as such an application under the circumstances. They represented defendant in the trial court. After they twice unsuccessfully moved for summary disposition in lieu of an answer, plaintiff successfully moved for sanctions. The trial court made the “sanctions award joint and several between defendant and appellants.” The same day, it granted their request to withdraw. “While plaintiff’s case against defendant continued, appellants filed this appeal as of right.” They asserted the court had jurisdiction “under MCR 7.203(A)(1) because the order granting plaintiff’s request for sanctions was final ‘as to counsel.’ But a ‘final order’ under MCR 7.202(6)(a)(i) must dispose ‘of all the claims . . . of all the parties,’ and the order granting plaintiff’s request for sanction did not dispose of plaintiff’s claims against defendant.” As a result, “regardless of whether that order was final ‘as to counsel,’ it was not a final order under MCR 7.202(6)(a)(i).” In addition, it was “not a ‘final order’ under MCR 7.202(6)(a)(iv) because it is a prejudgment order, and MCR 7.202(6)(a)(iv) concerns postjudgment orders.” The court declined to exercise its discretion to treat the claim of appeal as an application for leave because their “failure to file the proper type of appeal is a continuation of appellants’ conduct that led to this appeal in the first place. The trial court sanctioned appellants under MCL 600.2591 for taking legal positions devoid of arguable legal merit, and the first thing appellants do in this Court is file the incorrect type of appeal in direct contravention of our court rules. While there are times when mistakes like this are understandable, this is not one of them[.]” Dismissed.