REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.308 Jurisdiction of court of appeals on appeals from final judgments and final orders.
Sec. 308.
(1) The court of appeals has jurisdiction on appeals from all final judgments and final orders from the circuit court, court of claims, and probate court, as those terms are defined by law and supreme court rule, except final judgments and final orders described in subsections (2) and (3). A final judgment or final order described in this subsection is appealable as a matter of right.
(2) The court of appeals has jurisdiction on appeal from the following orders and judgments that are reviewable only on application for leave to appeal granted by the court of appeals:
(a) A final judgment or final order of the circuit court under any of the following circumstances:
(i) In an appeal from a final judgment or final order of the district court appealed to the circuit court under section 8342.
(ii) In an appeal from a final judgment or final order of a municipal court.
(b) A final judgment or final order from the circuit court based on a defendant's plea of guilty or nolo contendere.
(c) Any other judgment or interlocutory order from the circuit court, court of claims, business court, or probate court as determined by supreme court rule.
(3) An order concerning the assignment of a case to the business court under chapter 80 is not appealable to the court of appeals.
(4) The court of appeals has exclusive original jurisdiction over any action challenging the validity of section 6404, 6410, 6413, or 6419.
History: Add. 1964, Act 281, Imd. Eff. June 11, 1964 ;-- Am. 1968, Act 116, Imd. Eff. June 11, 1968 ;-- Am. 1981, Act 206, Eff. Jan. 1, 1982 ;-- Am. 1994, Act 375, Imd. Eff. Dec. 27, 1994 ;-- Am. 2012, Act 333, Eff. Jan. 1, 2013 ;-- Am. 2013, Act 164, Imd. Eff. Nov. 12, 2013 ;-- Am. 2016, Act 186, Eff. Sept. 27, 2016
Notes of Decisions
Cited in
112
cases (
20 in the last 5 years), 1965–2026 · leading case:
Chen v. Wayne State Univ., 771 N.W.2d 820 (Mich. Ct. App. 2009).
Chen v. Wayne State Univ., 771 N.W.2d 820 (Mich. Ct. App. 2009).
· cites it 4× “The Legislature also granted this Court jurisdiction over certain “orders and judgments which shall be reviewable only upon application for leave to appeal. .”
People v. Torres, 549 N.W.2d 540 (Mich. 1996).
· cites it 8× “§ 600.308; M.S.A. § 27A.308, the Legislature has provided for *546 the jurisdiction of the Court of Appeals to hear appeals by a criminal defendant, as well as for parties in civil cases generally.”
People v. Pummer, 249 N.W.2d 78 (Mich. 1976).
· cites it 16× “In light of Blachura and Jackson County Prosecutor, supra, there should remain little question that appeals by the prosecutor, like those of all other litigants, are governed by MCLA 600.308; MSA 27A.308, and rules formulated by our Court.”
Okrie v. State, 857 N.W.2d 254 (Mich. Ct. App. 2014).
· cites it 5× “MCL 600.308(1) details matters that are appealable as a matter of right.”
Walsh v. Taylor, 689 N.W.2d 506 (Mich. Ct. App. 2004).
· cites it 2× “§ 600.308. In its exercise of prescribing this Court's practice and procedure, our Supreme Court has determined that a "final" judgment or order includes an appeal from an order denying governmental immunity to a governmental party, including a governmental agency, official, or…”
People v. Perks, 672 N.W.2d 902 (Mich. Ct. App. 2003).
· cites it 8× “In accordance with its authority under Article 6, § 10, the Legislature enacted MCL 600.308 and MCL *105 600.309, which provided, in relevant part, that this Court had jurisdiction over all final judgments from the circuit courts, court of claims, and recorder’s court, and that…”
People v. Kaczmarek, 628 N.W.2d 484 (Mich. 2001).
· cites it 4× “§ 600.308 in 1994 PA 375 . Thereafter, the Court of Appeals jurisdiction over plea-based final orders or judgments was limited to appeals by leave only.”
People v. Reed, 499 N.W.2d 441 (Mich. Ct. App. 1993).
· cites it 6× “MCL 600.308; MSA 27A.308 defines the jurisdiction *644 of the Court of Appeals.”
People v. Cooke, 355 N.W.2d 88 (Mich. 1984).
· cites it 22× “, concurred with LEVIN, J. BOYLE, J. (dissenting in both cases). The prosecution argues that the jurisdiction of the Court of Appeals to hear prosecutorial appeals is governed by Const 1963, art 6, § 10; MCL 600.”
In re Moroun, 814 N.W.2d 319 (Mich. Ct. App. 2012).
· cites it 2× “In re Contempt of Dougherty, 429 Mich 81, 95 ; 413 NW2d 393 (1987). Criminal contempt is a crime and, therefore, an order finding a party in criminal contempt of court and sanctioning the party is a final order from which the contemnor may appeal as of right.”
People v. Blachura, 212 N.W.2d 182 (Mich. 1973).
· cites it 8× “) The prosecutor implies that this statute is outdated and superseded by art 6, § 10 of the 1963 Const and by the statute set forth in MCLA 600.308; MSA 27A.308 which provides in full: "The court of appeals has jurisdiction on appeals from: "(1) All final judgments from the…”
Durant v. State Bd. of Educ., 381 N.W.2d 662 (Mich. 1986).
· cites it 2× “Where there are disputed facts, as there are in Durant, MCL 600.308(a); MSA 27A.308(1), MCR 7.206(D)(3), and GCR 1963, 816.”
— Mich. Comp. Laws § 600.308(1) — 24 cases
Chen v. Wayne State Univ., 771 N.W.2d 820 (Mich. Ct. App. 2009).
“The Legislature also granted this Court jurisdiction over certain “orders and judgments which shall be reviewable only upon application for leave to appeal. .”
In re Moroun, 814 N.W.2d 319 (Mich. Ct. App. 2012).
“In re Contempt of Dougherty, 429 Mich 81, 95 ; 413 NW2d 393 (1987). Criminal contempt is a crime and, therefore, an order finding a party in criminal contempt of court and sanctioning the party is a final order from which the contemnor may appeal as of right.”
Okrie v. State, 857 N.W.2d 254 (Mich. Ct. App. 2014).
“MCL 600.308(1) details matters that are appealable as a matter of right.”
— Mich. Comp. Laws § 600.308(1)(a) — 8 cases
— Mich. Comp. Laws § 600.308(2) — 8 cases
Chen v. Wayne State Univ., 771 N.W.2d 820 (Mich. Ct. App. 2009).
“The Legislature also granted this Court jurisdiction over certain “orders and judgments which shall be reviewable only upon application for leave to appeal. .”
In re Moroun, 814 N.W.2d 319 (Mich. Ct. App. 2012).
“In re Contempt of Dougherty, 429 Mich 81, 95 ; 413 NW2d 393 (1987). Criminal contempt is a crime and, therefore, an order finding a party in criminal contempt of court and sanctioning the party is a final order from which the contemnor may appeal as of right.”
People v. Cooke, 355 N.W.2d 88 (Mich. 1984).
“, concurred with LEVIN, J. BOYLE, J. (dissenting in both cases). The prosecution argues that the jurisdiction of the Court of Appeals to hear prosecutorial appeals is governed by Const 1963, art 6, § 10; MCL 600.”
— Mich. Comp. Laws § 600.308(2)(C) — 1 case
— Mich. Comp. Laws § 600.308(2)(b) — 1 case
— Mich. Comp. Laws § 600.308(2)(c) — 6 cases
— Mich. Comp. Laws § 600.308(2)(d) — 9 cases
People v. Reed, 499 N.W.2d 441 (Mich. Ct. App. 1993).
“MCL 600.308; MSA 27A.308 defines the jurisdiction *644 of the Court of Appeals.”
People v. Kaczmarek, 628 N.W.2d 484 (Mich. 2001).
“§ 600.308 in 1994 PA 375 . Thereafter, the Court of Appeals jurisdiction over plea-based final orders or judgments was limited to appeals by leave only.”
People v. Perks, 672 N.W.2d 902 (Mich. Ct. App. 2003).
“In accordance with its authority under Article 6, § 10, the Legislature enacted MCL 600.308 and MCL *105 600.309, which provided, in relevant part, that this Court had jurisdiction over all final judgments from the circuit courts, court of claims, and recorder’s court, and that…”
— Mich. Comp. Laws § 600.308(2)(e) — 5 cases
Chen v. Wayne State Univ., 771 N.W.2d 820 (Mich. Ct. App. 2009).
“The Legislature also granted this Court jurisdiction over certain “orders and judgments which shall be reviewable only upon application for leave to appeal. .”
— Mich. Comp. Laws § 600.308(3) — 3 cases
— Mich. Comp. Laws § 600.308(4) — 3 cases
Okrie v. State, 857 N.W.2d 254 (Mich. Ct. App. 2014).
“MCL 600.308(1) details matters that are appealable as a matter of right.”
— Mich. Comp. Laws § 600.308(a) — 1 case
Durant v. State Bd. of Educ., 381 N.W.2d 662 (Mich. 1986).
“Where there are disputed facts, as there are in Durant, MCL 600.308(a); MSA 27A.308(1), MCR 7.206(D)(3), and GCR 1963, 816.”
— Mich. Comp. Laws § 600.308(l)(a) — 3 cases
Chen v. Wayne State Univ., 771 N.W.2d 820 (Mich. Ct. App. 2009).
“The Legislature also granted this Court jurisdiction over certain “orders and judgments which shall be reviewable only upon application for leave to appeal. .”
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