e-Journal Summary

e-Journal Number : 86455
Opinion Date : 09/04/2026
e-Journal Date : 09/15/2026
Court : Michigan Court of Appeals
Case Name : Alharbi v. Mahmood
Practice Area(s) : Litigation
Judge(s) : Per Curiam – M.J. Kelly, O’Brien, and Lievense
Full PDF Opinion
Issues:

Appellate jurisdiction; Appeal of right; MCR 7.203(A); Final order; MCR 7.202(6)(a)(i)

Summary

The court concluded that it lacked jurisdiction to hear plaintiff’s appeal as one of right because the order he challenged was not a final order. The case involved a mayoral election. Plaintiff appealed as of right the trial court’s 12/29/25 “order denying his motions to proceed quo warranto and for injunctive relief.” The court noted the order stated “that the issue pending before the [trial] court was plaintiff’s motion to set aside or reconsider a prior order[,]” and that the trial court closed it “by stating that it was denying plaintiff’s ‘motions to proceed quo warranto and for injunctive relief.’ Clearly, an order denying plaintiff’s motions is not the same as adjudicating the claims in” his complaint. In addition, his “complaint raised three claims: quo warranto, declaratory judgment, and emergency injunctive relief. So even if the” order denying his “motions to proceed quo warranto and for injunctive relief could be construed as adjudicating those claims as stated in [his] complaint, the order did not resolve [his] claim for declaratory judgment.” The court added that, while the trial court stated that “the order ‘resolves the last pending matter and closes the case,’ that language” was not controlling, nor was it factually accurate. The order was “not a final order under MCR 7.202(6)(a)(i) because it did not dispose of all claims and adjudicate the rights and liabilities of all parties.” Dismissed for lack of jurisdiction.

Full PDF Opinion