IN RE GRACE E TINDALL EDUCATIONAL TRUST
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STATE OF MICHIGAN
COURT OF APPEALS
In re Grace E. Tindall Educational Trust.
MICHAEL E. TINDALL,
UNPUBLISHED
December 21, 2001
Petitioner-Appellant,
v
No. 224080
Wayne Probate Court
LC No. 90-852171
GRACE E. TINDALL, a/k/a GRACE
CRACCHIOLO, LAURA G. TINDALL,
MICHAEL E. TINDALL JR., and DAVID A.
TINDALL,
Respondents-Appellees.
Before: White, P.J., and Talbot and E.R. Post*, JJ.
MEMORANDUM.
Petitioner appeals as of right from the probate court’s order dismissing his petition to stay
the enforcement of circuit court judgments entered in 1997 and to consolidate circuit court
proceedings with the probate court proceedings. We affirm. This appeal is being decided
without oral argument pursuant to MCR 7.214(E).
The 1997 circuit court judgments were not void for lack of subject matter jurisdiction.
The probate court did not have exclusive jurisdiction over the trust’s circuit court action against
petitioner. MCL 700.21; MCL 700.22(k). The 1996-1997 circuit court litigation raised and
decided the identical issues presented in petitioner’s action before the circuit court. Petitioner’s
subsequent action before the probate court was barred by the 1997 circuit court judgments under
the doctrine of res judicata. Pierson Sand and Gravel, Inc v Keeler Brass Co, 460 Mich 372,
380; 596 NW2d 153 (1999); Ozark v Kais, 184 Mich App 302, 307; 457 NW2d 145 (1990).
Affirmed.
/s/ Helene N. White
/s/ Michael J. Talbot
/s/ Edward R. Post
* Circuit judge, sitting on the Court of Appeals by assignment.
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