IN RE ESTATE OF GLORIA I FLURY DEC
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of the Estate of GLORIA I. FLURY,
Deceased.
GERALD M. FLURY and ELIZABETH J.
FLURY,
UNPUBLISHED
October 29, 1999
Appellants,
v
No. 214316
Macomb Probate Court
LC No. 91-119885 IE
MARVIN FLURY,
Appellee.
Before: Whitbeck, P.J., and Gribbs and White, JJ.
MEMORANDUM.
Appellants Gerald and Elizabeth Flury appeal by right from a judgment entered against them and
the decedent’s estate, in the amount of the appeal costs awarded to appellee Marvin Flury by this Court
in connection with his successful appeal in this will contest case, In re Flury Estate, 218 Mich App
211; 554 NW2d 39 (1996), modified in part 456 Mich 869; 568 NW2d 832 (1997). We affirm. This
appeal is being decided without oral argument pursuant to MCR 7.214(E).
On appeal, appellants argue that Marvin Flury’s appeal costs may only be assessed against the
decedent’s estate, not appellants individually. We disagree. MCR 7.219 permits a prevailing party to
recover costs from any nonprevailing party in an appeal. Here, both Gerald and Elizabeth Flury were
named as parties in the appellate proceeding instituted by Marvin Flury, both as appellees and as cross
appellants. Moreover, they appeared in their capacity as individuals, n as representatives of the
ot
decedent’s estate.
Affirmed.
/s/ William C. Whitbeck
/s/ Roman S. Gribbs
/s/ Helene N. White
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