RONALD EDWARD ADAMUS V DANIEL DALE BIGGER
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STATE OF MICHIGAN
COURT OF APPEALS
RONALD EDWARD ADAMUS,
UNPUBLISHED
March 3, 2009
Plaintiff-Appellant,
v
No. 282651
Jackson Circuit Court
LC No. 06-002933-NI
DANIEL DALE BIGGER,
Defendant-Appellee,
and
STATE OF MICHIGAN,
Defendant.
Before: Whitbeck, P.J., and O’Connell and Owens, JJ
MEMORANDUM.
Plaintiff Ronald Adamus appeals as of right from a circuit court order dismissing this
action for failure to comply with a prior order. We decide this appeal without oral argument
pursuant to MCR 7.214(E), and we affirm.
Adamus’s arguments in this appeal are directed at a May 2, 2007 order assessing attorney
fees in a prior action.1 That order vacated in part a prior order of dismissal without prejudice,
and ordered Adamus’s counsel to pay costs and attorney fees incurred in the defense of that
action. “Where a party has claimed an appeal from a final order, the party is free to raise on
appeal issues related to other orders in the case.”2 But a party may not collaterally attack an
order entered by a court having jurisdiction in a different case.3
Adamus acknowledges that the trial court ordered costs and attorney fees in Adamus I,
but no appeal has been filed with respect to Adamus I. This Court previously referred to this
1
Adamus v Michigan, Jackson Circuit Court Case No. 04-005134 (“Adamus I”).
2
Bonner v Chicago Title INS Co, 194 Mich App 462; 472; 487 NW2d 807 (1992) (emphasis
added).
3
See SS Aircraft Co v Piper Aircraft Corp, 159 Mich App 389, 393; 406 NW2d 304 (1987).
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flaw in an order dismissing an earlier claim of appeal in this case for lack of jurisdiction because
a final order had not yet been entered.4 This Court’s order stated: “The Court of Appeals would
also note that there was no appeal filed as to [Adamus I], and it was that [action] where the
assessment of attorney fees occurred.” Adamus’s challenges to the May 2, 2007 order are not
properly before us and, accordingly, we decline to consider them.
Affirmed.
/s/ William C. Whitbeck
/s/ Peter D. O’Connell
/s/ Donald S. Owens
4
Adams v Bigger, unpublished order of the Court of Appeals, entered June 5, 2007 (Docket No.
278132).
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