Court of Appeals Holds That Filing a Trust Dispute as a Civil Action Does Not Create a Jurisdictional Defect
This appeal arose from a probate dispute among siblings over administration of a family trust, filed as a civil action rather than as a probate proceeding initiated by petition. The COA held that this filing error was procedural, not jurisdictional, and did not deprive the probate court of subject-matter jurisdiction or deny the defendant-trustee due process.
Order Granting Vexatious Appeal Sanctions Remanded, Appeals Court Instructed To Provide Reasoning
The Michigan Supreme Court has remanded a probate dispute to the Court of Appeals, ordering the three-judge appellate panel to explain why it awarded a party vexatious appeal sanctions under the Michigan Court Rules.