Long v. Swanson, 98 Mich. App. 347

Summary

The Michigan Court of Appeals held that a probate court order disallowing a creditor's claim against a decedent's estate was a final order appealable as of right directly to the Court of Appeals. The court concluded that the general court rule governing final judgments did not apply to probate proceedings and denied the application for leave to appeal from the circuit court's dismissal.

Holdings

1. The general court rules do not apply to probate court proceedings unless the probate court rules specifically adopt them; therefore, GCR 1963, 518.2 did not apply to this probate proceeding.
2. A probate court order disallowing a claim filed against a decedent's estate is a final order appealable as of right to the Michigan Court of Appeals under MCL 600.861.
3. The circuit court correctly dismissed Long's appeal because the probate order was appealable directly to the Court of Appeals under MCL 600.861 and was not appealable to the circuit court under MCL 600.863.

Questions Presented

1. Whether the probate court's order disallowing a creditor claim was a final order under MCL 600.861 and therefore appealable as of right directly to the Michigan Court of Appeals.
2. Whether GCR 1963, 518.2, which concerns final judgments resolving fewer than all claims or parties, applied to the probate proceeding.
3. Whether the circuit court properly dismissed Long's appeal for lack of jurisdiction under MCL 600.863.

Disposition

other