My question involves court procedures for the state of: MI (state court)
I got two questions about a hypothetical situation:
Today the plaintiff loses in a motion for partial summary disposition.
100 days later (well after the 21 days for leave to appeal, MCR 7.105(A)(1)), plaintiff dismisses the rest of the case and closes it.
1. Can the plaintiff then appeal of right the ruling made three months earlier (despite him being the one who closed the case)?
2. Assume that by the time the COA reverses that ruling, the plaintiff relocated overseas. Can he (pro se) pursue the relief from abroad?
To paraphrase the first question: is today's ruling appealable only by an application for leave to appeal?
On the one hand, it seems that a leave to appeal could be denied, entails an additional brief, and possibly a duplicate fee. On the other hand, Appeal of Right (MCR 7.104(A)(1)) refers to the last/final order, which is not the one I intend to appeal. Somehow this is looks like a 'chicken and egg' problem.
As always, thank you.