McPeak v. McPeak

This case is before us on remand from the Supreme Court. Defendant appealed as of right a May 2, 1994, judgment in favor of plaintiffs in this action involving allegations of undue influence and mental distress. In this Court’s original unpublished opinion per curiam, issued March 18, 1997 (Docket No. 176584), the panel 1 sua sponte concluded that plaintiffs were not entitled to a jury trial with respect to their equitable claims. Thus, the judgment of the jury was vacated and the matter was remanded for a new trial. The Supreme Court vacated this Court’s decision on the ground that it was…