Peabody v. DiMeglio

Plaintiff, Dany Jo Peabody, appeals as of right the probate court’s order granting summary disposition for defendant, Marta DiMeglio, in her individual and representative capacities, pursuant to MCR 2.116(C)(7), based on the expiration of the six-year statutory period of limitations for breach-of-contract claims. Defendant cross-appeals the probate court’s order denying her motion for attorney fees. We reverse the probate court’s grant of summary disposition and remand for further proceedings.

Plaintiff and Paul DiMeglio (the decedent) were married in 1989 and divorced in 1995. As part of the…