Cline, Cline & Griffin Obtains a Favorable Ruling in the Court of Appeals for a Local Fiduciary

Cline, Cline & Griffin obtained a favorable ruling in the Court of Appeals for a local fiduciary over the sale of a disputed property.

Cline, Cline & Griffin attorneys Tim Knecht and Eric Froats recently represented a local fiduciary in the Michigan Court of Appeals regarding an Emergency Motion wrongfully filed by an adverse party aimed to stop the sale of a property.

On March 1, 2021, the Genesee County Probate Court approved the sale of a property located in Flushing, MI, allowing a local fiduciary, the trustee of a trust, to obtain much needed finances for the care of an elderly ward of which he was also the court appointed guardian. Just days before the scheduled closing of the property, one of the ward’s estranged adult children filed an Emergency Motion with the Court of Appeals requesting a stay pending appeal, which would stop the sale of the property. With the sale threatened, the fiduciary had no money to care for the elderly ward and the potential buyers were rendered homeless, as they had already sold their existing home in reliance on the Probate Court’s decision.

With just 72 hours of notice, Cline, Cline & Griffin attorneys successfully argued through extensive briefing the wrongful nature of the Emergency Motion and the legal basis to uphold the Probate Court’s order and deny the request for a stay pending appeal. On March 8, 2021, the Court of Appeals issued an order denying the Emergency Motion for a stay, allowing the sale of the property to proceed toward closing.