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IN THE MICHIGAN COURT OF APPEALS
AMENDED ORDER
Re: SCO Group Inc v DaimlerChrysler Corp
Docket No. 260036
L.C. No. 2004-056587-CK
William C. Whitbeck, Chief Judge, acting under MCR 7.203(F)(1) and
7.216(A)(10), orders:
The claim of appeal from the December 21, 2004 order of voluntary
dismissal is DISMISSED for lack of jurisdiction since this type of
order is not a final order that is appealable as a matter of right in
view of the fact that "... it does not resolve the merits of the
remaining claims and, as such those claims are 'not barred from being
resurrected on that docket at some future date.'" City of Detroit v
State of Michigan, 262 Mich App 542, 545; 686 NW2d 514 (2004), citing
Wickings v Arctic Enterprises, Inc, 244 Mich App 125, 134-136; 624
NW2d 197 (2000).
A true copy entered and certified by Sandra Schultz Mengel, Chief
Clerk, on
JAN 31 2005 [s/ Sandra Schultz Mengel]
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Date Chief Clerk
STATE OF MICHIGAN
E PLURIBUS UNUM
[eagle]
[elk] TUEBOR [moose]
SI QUAERIS PENINSULAM AMOENAM
CIRCUMSPICE
COURT OF APPEALS