order denying governmental immunity in Michigan

2026In Seldon, this Court recognized that, “regardless of the specific basis of the trial court’s ruling on a motion for summary disposition, whenever the effect is to deny a defendant’s claim of immunity, the trial court’s decision is, in fact, ‘an order denying governmental immunity,’ and is reviewable under MCR 7.203(A) and MCR 7.202(6)(a)(v).” Seldon, 297 Mich App at 436 , quoting Walsh v Taylor, 263 Mich App 618, 625 ; 689 NW2d 506 (2004).

2026In Seldon, this Court recognized that, “regardless of the specific basis of the trial court’s ruling on a motion for summary disposition, whenever the effect is to deny a defendant’s claim of immunity, the trial court’s decision is, in fact, ‘an order denying governmental immunity,’ and is reviewable under MCR 7.203(A) and MCR 7.202(6)(a)(v).” Seldon, 297 Mich App at 436 , quoting Walsh v Taylor, 263 Mich App 618, 625 ; 689 NW2d 506 (2004).

2021See Pierce v Lansing, 265 Mich App 174, 182-183 ; 694 NW2d 65 (2005); MCR 7.203(A)(1) (“An appeal from an order described in MCR 7.202(6)(a)(iii)-(v) is limited to the portion of the order with respect to which there is an appeal or right.”); MCR 7.202(6)(a)(v) (defining a final order, which is appealable as of right, to include “an order denying governmental immunity to a governmental party, including a governmental agency, official, or employee under MCR 2.116(C)(7) or an order denying a motion for summary disposition under MCR 2.116(C)(10) based on governmental immunity.”).

2021See Pierce v Lansing, 265 Mich App 174, 182-183 ; 694 NW2d 65 (2005); MCR 7.203(A)(1) (“An appeal from an order described in MCR 7.202(6)(a)(iii)-(v) is limited to the portion of the order with respect to which there is an appeal or right.”); MCR 7.202(6)(a)(v) (defining a final order, which is appealable as of right, to include “an order denying governmental immunity to a governmental party, including a governmental agency, official, or employee under MCR 2.116(C)(7) or an order denying a motion for summary disposition under MCR 2.116(C)(10) based on governmental immunity.”).

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2015Reed v Breton, 279 Mich App 239, 242 ; 756 NW2d 89 (2008).

2015Reed v Breton, 279 Mich App 239, 242 ; 756 NW2d 89 (2008).

2024“However, if a question of fact exists to the extent that factual development could provide a basis for recovery, dismissal is inappropriate.” Id.

2024Under MCR 7.202(6), a “ ‘final judgment’ or ‘final order’ means: (a) In a civil case, (i) the first judgment or order that disposes of all the claims and adjudicates the rights and liabilities of all the parties, including such an order entered after reversal of an earlier final judgment or order; (ii) an order designated as final under MCR 2.604(B); (iii) in a domestic relations action, a postjudgment order that, as to a minor, grants or denies a motion to change legal custody, physical custody, or domicile; (iv) a postjudgment order awarding or denying attorney fees and costs under court rul

2024Under MCR 7.202(6), a “ ‘final judgment’ or ‘final order’ means: (a) In a civil case, (i) the first judgment or order that disposes of all the claims and adjudicates the rights and liabilities of all the parties, including such an order entered after reversal of an earlier final judgment or order; (ii) an order designated as final under MCR 2.604(B); (iii) in a domestic relations action, a postjudgment order that, as to a minor, grants or denies a motion to change legal custody, physical custody, or domicile; (iv) a postjudgment order awarding or denying attorney fees and costs under court rul

2020The Court gives the language of court rules their ‘plain and ordinary meaning.’ ” Lamkin v Engram, 295 Mich App 701, 709 ; 815 NW2d 793 (2012) (citation omitted).

2020The Court gives the language of court rules their ‘plain and ordinary meaning.’ ” Lamkin v Engram, 295 Mich App 701, 709 ; 815 NW2d 793 (2012) (citation omitted).

2020Because the Legislature expressly waived governmental immunity in the PWDCRA, see In re Bradley Estate, 494 Mich at 393 n 60, the PWDCRA does not require compliance with MCL 600.6431 for a plaintiff to proceed with his or her claim against a state defendant, and “MCL 600.6431 does not confer governmental immunity,” Fairley, 497 Mich at 297 (quotation marks omitted), plaintiff’s failure to comply with MCL 600.6431 when bringing her PWDCRA claim does not implicate governmental immunity.4 Therefore, the trial court’s denial of defendants’ motion for summary disposition under MCR 2.116(C)(7) was n

2019We agree.2 1 According to plaintiff’s counsel, the recordings of the 911 calls were destroyed after a couple of months and therefore were no longer available. 2 Plaintiff raises a jurisdictional challenge to defendant’s appeal, arguing that because the trial court stated at the May 30, 2018 hearing that it was not ruling on defendant’s motion at that time, its subsequent order was not a “final order” under MCR 7.202(6)(a)(v) (defining a “final order” as including “an order denying governmental immunity to a governmental party . . . .”) That -2- “The governmental tort liability act [GTLA], MCL

2019We agree.2 1 According to plaintiff’s counsel, the recordings of the 911 calls were destroyed after a couple of months and therefore were no longer available. 2 Plaintiff raises a jurisdictional challenge to defendant’s appeal, arguing that because the trial court stated at the May 30, 2018 hearing that it was not ruling on defendant’s motion at that time, its subsequent order was not a “final order” under MCR 7.202(6)(a)(v) (defining a “final order” as including “an order denying governmental immunity to a governmental party . . . .”) That -2- “The governmental tort liability act [GTLA], MCL

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go

2009We do not retain jurisdiction. 1 Because Jerome Plunkett is bringing this claim on behalf of Holly Plunkett’s estate, any reference to “Plunkett” will refer to Jerome Plunkett unless otherwise indicated. 2 See MCL 691.1404. 3 MCL 691.1402(1); MCL 691.1407(1). 4 See MCR 7.203(A)(1) (stating that this Court “has jurisdiction of an appeal of right filed by an aggrieved party from... [a] final judgment or final order of the circuit court, or court of claims”); MCR 7.202(6)(a)(v) (stating that in a civil case, a “final judgment” or “final order” means “an order denying governmental immunity to a go