A fundamental rule of appellate jurisdiction is the need for a
"final" decision. In Michigan, a final judgment or order
is typically "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). So what about dismissals
"without prejudice," i.e., dismissals that permit the
action potentially to be refiled later? Are those orders
immediately appealable as a matter of right? It depends.
On the one hand, the Michigan Court of Appeals has strongly
rebuked the notion that stipulated orders dismissing claims
"without prejudice" may be appealed, even if they also
dismiss other claims involuntarily. Since an order dismissing less
than all of the claims of all of the parties is not a "final
order" for the purpose of bringing an appeal as of right, it
is tempting to consider stipulating to the dismissal of the
remaining claims or counterclaims "without prejudice" or
with some other language
