Failure to File a Cross Appeal
In Cox v. Flint Bd of Hosp Managers, unpublished opinion per curiam, issued November 22, 1996 (Docket No. 184859), the Court concluded that defendant's issues were not properly raised because of the failure to file a cross appeal.
Defendant filed a motion for rehearing from that decision, but rehearing was denied in an order entered January 14, 1997.
At that time, defendant had received the November 22, 1996, opinion from this Court regarding the procedural defect and had the right to file with the Supreme Court an application for leave to appeal the decision. Defendant did not do so.
Instead, defendant filed a new claim of appeal in the Court of Appeals, assigned Docket No. 200943, but defendant did not attach a trial court order to establish jurisdiction.
After being notified of the defective filing by a letter that requested a copy of the circuit court order, defendant submitted a copy of the Court of Appeals order denying rehearing in Docket No. 184859.
The appeal in Docket No. 200943 was dismissed in an unpublished order of the Court of Appeals, entered June 11, 1997, because of defendant's failure to cure the deficiency. Defendant failed to identify any provision in the court rules that provides for a lateral appeal to the Court of Appeals from a Court of Appeals decision.
MCR 7.203(A) sets forth the jurisdiction for a claim of appeal of right and does not provide for an appeal to this Court from a Court of Appeals decision.