SAMUEL JONES V FREDERIC L WYCKOFF
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STATE OF MICHIGAN
COURT OF APPEALS
SAMUEL JONES,
UNPUBLISHED
November 4, 1997
Plaintiff-Appellant,
v
No. 194731
Wayne Circuit Court
LC No. 95-516530 CZ
FREDERIC L. WYCKOFF and EVANS,
PLETKOTOVIC & RHODES, P.C.,
Defendants-Appellees.
Before: Holbrook, Jr., P.J., and Michael J. Kelly and Gribbs, JJ.
MEMORANDUM.
Plaintiff appeals by right from a May 3, 1996, order of the Wayne Circuit Court, granting
defendants’ motion for summary disposition under MCR 2.116(C)(7), based on a release. Plaintiff
concedes that defendants were entitled to dismissal of this action based on the release, but asserts that
the circuit court erred in awarding sanctions to defendants for plaintiff ’s failure to dismiss the action
earlier as called for in the release agreement.
The order of May 3, 1996, however, makes no reference to sanctions; it simply declares that
the suit is dismissed based on the release. In a subsequent order issued May 31, 1996, the circuit court
awarded sanctions. Plaintiff attempted to file a claim of appeal from that order, Docket No. 196916,
but the appeal was dismissed because such post-judgment orders are appealable only by leave, not by
right. MCR 7.202(8)(a)(i).
On this appeal of right, the sole issue raised by plaintiff is an assertion that the circuit court erred
in awarding sanctions in its order of May 31, 1996. The claim of appeal, however, subsumes the right
to raise only issues that relate to the order from which the appeal is claimed or to prior, interlocutory
orders. Subsequent, substantive orders are outside the scope of this Court’s jurisdiction based upon
the claim of appeal from the order of May 3, 1996. McVeigh v City of Jackson, 335 Mich 201; 56
NW2d 231 (1953). Accordingly, pursuant to MCR 7.216(A)(10), this appeal is dismissed.
-1
Dismissed.
/s/ Donald E. Holbrook, Jr.
/s/ Michael J. Kelly
/s/ Roman S. Gribbs
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