In Re Duane v. Baldwin Trust

Order                                                                                        Michigan Supreme Court
                                                                                                   Lansing, Michigan

  October 24, 2007                                                                                       Clifford W. Taylor,
                                                                                                                 Chief Justice

                                                                                                       Michael F. Cavanagh
  133622-3 & (65)                                                                                      Elizabeth A. Weaver
                                                                                                              Marilyn Kelly
                                                                                                         Maura D. Corrigan
                                                                                                       Robert P. Young, Jr.
  In re DUANE V. BALDWIN TRUST,                                                                        Stephen J. Markman,
  _________________________________________/                                                                          Justices


  THOMAS M. SHOAFF, 

           Petitioner-Appellant, 

  v       	                                                         SC: 133622-3       

                                                                    COA: 261642; 261643       

                                                                    Ingham Probate Court:

  THOMAS E. WOODS, Trustee,                                          00-002046-TI; 00-001858-DE
            Respondent-Appellee,
  and
  THOMAS E. WOODS, Individually and
  GARY BALDWIN,

             Appellees. 

  _________________________________________/

         On order of the Court, the motion for leave to file a reply brief is GRANTED.
  The application for leave to appeal the February 27, 2007 judgment of the Court of
  Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to
  appeal, we AFFIRM the judgment of the Court of Appeals but we reject the reasoning of
  the Court of Appeals majority to the extent it is inconsistent with the partially dissenting
  opinion. Under the facts of this case, which the probate court judge viewed in the light
  most favorable to the petitioner, even if the respondent owed a duty to the petitioner, the
  probate judge did not err in granting summary disposition to the respondent in both the
  estate proceeding and the trust proceeding, because there was no evidence of wrongdoing
  by the respondent. The petitioner received ample opportunity to set forth a genuine issue
  of material fact. MCR 2.116(I)(1).




                           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.
                           October 24, 2007                    _________________________________________
         d1017                                                                 Clerk