Asous v. Guardianship of J.L.

I respectfully dissent from the majority’s conclusion that the “Order Finding Fiduciary Relationship and Requiring Amended Complaint” (Order) must be vacated in its entirety and that the probate division judge must “deny, without more, the [daughter’s] motion to vacate as untimely.” I believe that the circuit judge had jurisdiction to reach the limited findings and conclusions set forth in the Order, that those findings are correct on the facts and law, and that the appellant consented to the trial of the issues embodied in that Order.

Proceedings in the Circuit Court

The pleadings and trial…