Farris v. United States Fidelity & Guaranty Co.

Two questions of first impression are presented in this appeal. The first is whether an order denying a petition to surcharge a surety on a bond is a final order appealable as a matter of right to the Court of Appeals under MCR 5.801(B)(3)(e). We answer in the affirmative.

MCR 5.801(B)(3) allows appeals of right from certain final probate court orders to this Court. These are "defined as and limited” to orders resolving any of twenty-eight different matters. We hold that the probate court’s order denying surcharge of the surety bond falls within MCR 5.801(B)(3)(e), which allows an appeal of…