A trial court’s postjudgment order awarding attorney fees under MCR 3.206 for the defendant’s alleged noncompliance with an order in her divorce case “constitutes a form of compensatory civil contempt” and “is not a final order appealable of right,” the Michigan Court of Appeals has ruled, dismissing the defendant’s appeal.

In this case involving custody, parenting time and civil contempt, the Michigan Court of Appeals ruled that it did not have jurisdiction over the father’s appeal from his civil contempt proceedings, and also held the trial court properly denied the father’s motion to reinstate joint legal custody and modify parenting time.

An order imposing compensatory civil contempt sanctions is not a “final order” appealable of right, the Michigan Court of Appeals has ruled, addressing an “unresolved” question about the appellate court’s jurisdiction.

The trial court erred in awarding Petitioner attorney fees associated with Respondent’s PPO violation. The Court of Appeals reversed and remanded.

Because the plaintiff did not suffer “any actual loss or injury,” the trial court in this divorce action did not err by awarding the plaintiff $0 in restitution.