HIERS BY HIERS v. Mullens

Cureton, Judge:

The Appellant (Hiers) brought an action against the estate of Howard Holley to recover in quantum meruit or, alternatively, to enforce the provisions of a purported will. The probate court transferred the case to the circuit court for a jury trial. The circuit court granted summary judgment for the estate of Howard Holley. Hiers appeals the failure of the circuit court to remand the case back to the probate court, and the grant of summary judgment. We affirm in part, reverse in part, and remand for trial.

Howard Holley died intestate on June 26, 1989. Mullens, Holley’s sister,…