![]() ![]() ![]() The purpose of this requirement is to help avoid uncertainty “‘as to the date on which a judgment is entered,’ and thus, when the time for an appeal begins to run.” United States v $525,695.24, Seized from JPMorgan Chase Bank Investment Account #xxxxxxxx, 869 F3d 429, 435 (CA 6, 2017) (citation omitted). With limited exceptions for orders disposing of certain post-judgment motions, Rule 58 provides that every judgment “must be set out in a separate document.” FR Civ P 58(a). The federal rules make it easier to determine when a decision is final. ![]() ![]() Thus, the question in every case is whether the judgment, order, or opinion at issue is intended to end the litigation, or whether it leaves open the possibility of some other action needing to be taken. See Botsford Continuing Care Corp v Intelistaf Healthcare, Inc, 292 Mich App 51, 61 807 NW2d 354 (2011) (holding that an order leaving certain claims intact wasn’t final, regardless of the trial court’s statement to the contrary). What about the requirement under MCR 2.602(A)(3) that an order or judgment certify whether it resolves the last pending claim and closes the case? As we discuss more fully in our companion article, “‘Last Pending Claim’ Language in Trial-Court Orders: It’s a (Potential) Trap,” that can sometimes be helpful, but it isn’t determinative. Here, the trial court did indeed intend the original “opinion and order” to function as the “final determination of the rights and obligations of the parties.” There is no requirement that this determination be contained in a document entitled a “judgment.” Such a requirement would elevate form over substance. Indeed, “judgment” is defined as “ court’s final determination of the rights and obligations of the parties in a case.” See Black’s Law Dictionary (7th ed), p 846. While the document was not entitled a “judgment,” it functioned, for all intents and purposes, as a judgment. The dissent considered this language as indicating the trial court’s future intent to enter a judgment, but the majority disagreed: Judgment should be entered for plaintiff against defendant, Don Jones, Inc. On the other hand, the Michigan Court of Appeals in Cheron, Inc v Don Jones, Inc, 244 Mich App 212 625 NW2d 93 (2000), found the following language to be sufficient to constitute the trial court’s “judgment”: See also Heck v Bailey, 204 Mich 54, 55 169 NW 940 (1918) (finding statement that the defendant was “entitled to a divorce” was not sufficient to constitute a rendered judgment) Hibbard v Hibbard, 27 Mich App 112, 113 183 NW2d 358 (1970) (no final judgment where the court’s opinion stated, “ judgment may be entered in accordance with the foregoing opinion”). So, for example, a written opinion using language that is “prospective only” is not sufficient-i.e., a “judgment. An opinion announces the court’s decision and its reasons therefor, but the further entry of a judgment is required to carry the decision into legal effect. distinction exists between the court’s decision or opinion and the judgment entered thereon. As explained in 3 Longhofer, Michigan Court Rules Practice, Text (7th ed), § 2602.2: While a final judgment or order does not have to take any particular form, it has been said that “o be final, that is, binding and determinative of litigation, a judgment must do more than indicate the judge’s opinion as to the outcome of an action and must be ‘rendered.’” 7A Michigan Pleading and Practice (2d ed), § 53:7. Seems straightforward enough, but what does it mean to “dispose” of the claims in a case and “adjudicate” the parties’ rights and liabilities? Do findings of fact and conclusions of law count? What if they contain the words “order” or “judgment” at the end? In short, it depends. With certain limited exceptions, the Michigan court rules define the “final” decision in a case as “the first judgment or order that disposes of all the claims and adjudicates the rights and liabilities of all the parties.” MCR 7.202(6)(a)(i). But determining whether a decision is actually “final” for purposes of appeal is not always an easy task. shall have jurisdiction of appeals from all final decisions of the district courts of the United States. See MCR 7.203(A)(1) (“The court has jurisdiction of an appeal of right filed by an aggrieved party from. As a general matter, appellate jurisdiction in both the Michigan Court of Appeals and the federal appellate courts stems from entry of a “final” decision. ![]()
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