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STATE OF MICHIGAN
COURT OF APPEALS


JOANN VALENTI, Plaintiff-Appellant, v GKN AUTOMOTIVE, INC., Defendant-Appellee.

UNPUBLISHED February 4, 1997

No. 151613 LC No. 90-387972-CL

Before: Marilyn Kelly, P.J., and Wahls and M.R. Knoblock,* JJ. PER CURIAM. Plaintiff appeals as of right the trial court's order granting defendant's motion for partial summary disposition in this wrongful discharge/invasion of privacy action. We reverse. This Court's jurisdiction of an appeal of right from a circuit court is limited to final judgments or final orders. MCR 7.203(A); McCarthy & Associates, Inc v Washburn, 194 Mich App 676, 678; 488 NW2d 785 (1992). Prior to a May 16, 1995, amendment, MCR 2.604 provided that a circuit court could direct entry of a final judgment on fewer than all claims or parties "when more than one claim for relief is presented in an action." McCarthy & Associates, supra, p 679. However, if a claimant presented merely alternative theories, such that he would be permitted to recover on at most one of them, his possible recoveries were mutually exclusive, and he had presented only a single claim of relief. Id., pp 679-680. A preliminary disposition of one of his alternative theories could not be made the subject of a final judgment and resulting appeal under MCR 2.604(A). Id. Here, although plaintiff's complaints lists seven counts, only counts I and VII are independent of each other. Counts II through VI present alternative theories such that plaintiff can recover on at most one of them. Because the trial court's order granting partial summary disposition did not dispose of counts II and III, and because this is an appeal as of right, this Court does not have jurisdiction to consider plaintiff's issues on appeal that relate to the trial court's disposition of counts IV, V, and VI. MCR 2.604; McCarthy & Associates, supra, pp 680-681. None of plaintiff's issues on appeal

* Circuit judge, sitting on the Court of Appeals by assignment.
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concern count VII. Accordingly, we only address the issues relating to plaintiff's Count I

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