Appeals Court Denies Request to Vacate Published Opinion on Domestic Relations Attorney Fee Order
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.
Compensatory Civil Contempt Order Is Not ‘Final Order’ Appealable Of Right
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.
Order Not Appealable ‘By Right’ Is Instead Treated As ‘Application’ To Appeal
The order from which the respondent appealed in this termination of parental rights case was not a “final order” pursuant to the court rules, a Michigan Court of Appeals majority has decided.