Categories: Michigan Supreme Court Opinions

IN RE FISHBECK TRUST v. BRAUN, 463 Mich. 940 (2000)

620 N.W.2d 851

IN RE FISHBECK TRUST WILLIAM M. FISHBECK, Petitioner-Appellee, Cross-Appellant, v. CATHERINE A. BRAUN, Respondent-Appellant, Cross-Appellee.

No. 116277 (47).Supreme Court of Michigan.
December 27, 2000.

COA: 208585, Washtenaw PC: 91-096477-TI, and 90-094073-SE.

On order of the Court, the applications for leave to appeal from the October 5, 1999 decision of the Court of Appeals are considered, and, in lieu of granting respondent’s application for leave to appeal, part III of the Court of Appeals opinion is vacated and the case is REMANDED to the trial court for initial consideration whether respondent should be surcharged under former MCL 700.544(1); MSA 27.5544(1) and MCL 700.818(2) and (4); MSA 27.5818(2) and (4). MCR 7.302(F)(1). The Court of Appeals improperly made findings of fact to support a surcharge where the trial court expressly declined to reach those factual questions. On remand, the trial court shall make the necessary findings of fact and determine whether to impose a surcharge. In all other respects the applications for leave to appeal are DENIED.

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