Opinion
360337
07-21-2022
jackie Lynn Hughes v. Highpoint Community Bank
LC No. 2021-000713-CZ
Jane E. Markey Presiding Judge Douglas B. Shapiro Mark T. Boonstra Judges
ORDER
The motion to vacate the order appealed from is GRANTED. Given this Court's decision in In re John R Adams Trust, unpublished per curiam opinion of the Court of Appeals, issued January 27, 2022 (Docket Nos. 354677, 356119), plaintiff's complaint is no longer barred by the doctrine of res judicata. Additionally, plaintiff's complaint is not barred by the one-year limitations period in MCL 700.7905(1)(a) because the petition for instruction did not inform the trust beneficiary of the time allowed for commencing a proceeding. The case is REMANDED to the Barry County Probate Court for further proceedings. The appeal of the February 8, 2022 order is DISMISSED. We do not retain jurisdiction.