Opinion
No. 127407.
September 15, 2005.
Summary Dispositions.
SC: 127407, COA: 242552.
Pursuant to MCR 7.302 (G) (1), in lieu of granting leave to appeal, we reverse in part the judgment of the Court of Appeals and remand the case to the Macomb County Probate Court for entry of a judgment consistent with this order. The probate court did not err by disallowing $125,000 of the jury's $194,645 damage award based on a mortgage on real estate that was a trust asset, Thee jury, in its special verdict, specifically found that the trusts suffered no loss as a result of the mortgage. Plaintiffs therefore suffered no compensable damages from defendant's acts with regard to the mortgage. For the same reason, the probate court abused its discretion in nevertheless awarding plaintiffs interest on the $125,000. Further, we vacate those parts of the Macomb County Probate Court's June 17, 2002 order that (1) purport to transfer title for the property at 300 Pensacola in Venice, Florida, and (2) permit the probate court's order to be recorded as a "document, title, or deed" in any state or foreign jurisdiction for purposes of notice that such a "document, title, or deed" has been "executed, delivered and recorded." While the probate court has authority to order defendant to execute and record a deed to the property, and to enforce that order, it lacks jurisdiction to effect a transfer of title to out-of-state property and to permit recording of its order as a deed in any other state. See Henkel v. Henkel, 282 Mich 473 (1937). In all other respects, the application for leave to appeal is denied. We do not retain jurisdiction.