Utica Mutual Insurance v. Mitchell

1. The trial court was not precluded from reaching the merits of plaintiff’s claim because it did have jurisdiction of it.

Mitchell, the former ward, filed an “action to set aside dismissal of [the guardian of plaintiff’s property]” in the superior court. She amended it once to detail certain alleged irregularities with respect to fulfillment of the guardian’s duties and to seek a final accounting and settlement in the superior court. In her original complaint, she had asked the superior court to permit her to file with the probate court a petition for final accounting and settlement.

As…