Order Michigan Supreme Court
Lansing, Michigan
April 28, 2008 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
135277(59) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
IN RE BARBARA HROBA TRUST. Justices
_________________________________________/
LUANN HROBA,
Petitioner-Appellant,
v SC: 135277
COA: 266783
Oakland Probate Ct:
2004-294178-TV
GARY HROBA,
Respondent-Appellee.
_________________________________________/
On order of the Court, the motion for reconsideration of this Court’s February 6,
2008 order is considered, and it is GRANTED. On reconsideration, we MODIFY our
order dated February 6, 2008. For the reasons stated in that order, the Court of Appeals
erred in reversing the Oakland County Probate Court’s judgment on res judicata grounds.
But rather than reinstate the probate court’s judgment, we REMAND this case to the
Court of Appeals for consideration of the remaining issues not addressed by that court
during its initial review of this case.
We do not retain jurisdiction.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
April 28, 2008 _________________________________________
d0421 Clerk