Opinion
No. 135277.
February 6, 2008.
Court of Appeals No. 266783.
Summary Dispositions February 6, 2008.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals and reinstate the judgment of the Oakland County Probate Court. Because the issue of the validity of the amendment to the trust was never litigated in the summary proceedings action brought in the 52-4 District Court, res judicata did not bar the petitioner's action in the Oakland County Probate Court. MCL 600.5750; JAM Corp v AARO Disposed, Inc, 461 Mich 161 (1999); Sewell v Clean Cut Mgt, Inc, 463 Mich 569 (2001).