In Re Kasuba Estate

258 N.W.2d 731, 401 Mich. 560
CourtMichigan Supreme Court
DecidedOctober 24, 1977
Docket57723, (Calendar No. 17)
StatusPublished
Cited by32 cases

This text of 258 N.W.2d 731 (In Re Kasuba Estate) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Kasuba Estate, 258 N.W.2d 731, 401 Mich. 560 (Mich. 1977).

Opinion

401 Mich. 560 (1977)
258 N.W.2d 731

In re KASUBA ESTATE
DEPARTMENT OF TREASURY
v.
RICKLE

Docket No. 57723, (Calendar No. 17).

Supreme Court of Michigan.

Argued February 3, 1977.
Decided October 24, 1977.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Richard R. Roesch and Charles E. Liken, Assistants Attorney General, for plaintiff Department of Treasury, Revenue Division.

Radka & Lewis (Arthur J. Tarnow, of counsel) for defendant Rickle.

RYAN, J.

Appellant Delores Rickle, as guardian of Rose Kasuba, appeals from the decision of the Court of Appeals reversing the Presque Isle County Circuit Court's affirmance of an order of the probate court granting rehearing on certain claims asserted by the State of Michigan.

Rose Kasuba was declared mentally incompetent by the Presque Isle County Probate Court on *563 February 12, 1952. Her husband was appointed guardian and ordered to fully reimburse the state for her care. The required reimbursement was subsequently reduced to 10% of the cost of care. Mrs. Kasuba was released from the hospital in April, 1957 and was readmitted on June 30, 1960 as a public patient.

Mr. Kasuba died on September 23, 1965 and Rose Kasuba became possessed of her survivor's interest in a home in Presque Isle County and 80 acres in Otsego County.

Delores Rickle, appellant in this case, was appointed guardian in 1968. On June 27, 1971, Mrs. Rickle filed a petition to sell real estate and an order for hearing on claims was set for October 6, 1971. The Revenue Division of the Treasury Department of the State of Michigan filed a claim for reimbursement for the aforementioned care in the amount of $40,423.75. A hearing on the claim was scheduled and adjourned to December 1, 1971. On that date a hearing was held at which plaintiff and defendant appeared. The hearing resulted in an order allowing the state's claim. Copies of the order were mailed to the parties on June 20, 1972.

On July 3, 1972, the state filed a petition for an order to show cause why the guardian should not be removed for failure to sell the property and pay the claim, and on August 9, 1972 it filed an additional petition requesting reimbursement from Mrs. Kasuba's children. On October 12, 1972 the guardian filed a petition for rehearing. On October 19, 1972 the Presque Isle County Probate Court dismissed the state's petitions for removal of the guardian and reimbursement from Mrs. Kasuba's children, and granted a rehearing.

The decision of the probate court was affirmed in the Presque Isle County Circuit Court. The *564 Court of Appeals reversed on the grounds that "regardless of whether one counts from December 1, 1971, the date on which the order was filed, or June 20, 1972, the date on which copies of the orders were mailed to the parties, more than 90 days had elapsed, with the result that the probate court lost jurisdiction". In re Kasuba Estate, 65 Mich App 25, 28; 236 NW2d 751 (1975).

We granted leave to appeal limited to the issue of the constitutionality of the three-month limitations period on the power of probate courts to grant rehearings contained in MCLA 701.19(6); MSA 27.3178(19)(6) and the said statute as currently in effect.[1] 397 Mich 812 (1976).

We hold that the legislative limitation on the jurisdiction of the probate court to grant rehearings violates neither the Michigan Constitution nor the United States Constitution.

*565 I

Appellant first contends that under Const 1963, art 6, § 5, which grants to the Supreme Court the power to make rules governing practice and procedure in the courts of the state, the statutory limitation period must give way to General Court Rule provisions, GCR 1963, 701 et seq., for seeking relief from an order of the probate court. See GCR 1963, 16; Perin v Peuler (On Rehearing), 373 Mich 531; 130 NW2d 4 (1964). Specifically, the argument is that obedience to the limitation language of the statute in question means that in some instances a circuit court would be unable to remand a case to probate court for further proceedings and, therefore, GCR 701.10[2] could not have been followed even where the circuit court determined that the interests of justice required a remand, thus resulting in impermissible legislative invasion of a solely judicial prerogative. Assuming, without deciding, that a case could not be remanded to probate court after three months had passed from the date of the order appealed from, we believe the argument is without merit.

Const 1963, art 6, § 15 provides in pertinent part:

"The jurisdiction, powers and duties of the probate court and of the judges thereof shall be provided by law." (Emphasis added.)

We have said in considering the three-month limitation upon the authority of a probate court to *566 modify and set aside orders and to grant rehearings passed under a similar grant of power to the Legislature in Const 1908, art 7, § 13, that the jurisdiction of the probate courts is defined entirely by statute and that action by a probate judge beyond the three-month period is void for want of jurisdiction. In re Dowling's Estate, 308 Mich 129; 13 NW2d 233 (1944); Smolenski v Kent Probate Judge, 301 Mich 8; 2 NW2d 900 (1942). See also In re Cummings Estate, 355 Mich 210; 93 NW2d 881 (1959). The Constitution provides for statutory definition of the jurisdiction of probate courts and our power to make rules of practice and procedure cannot be used to expand that jurisdiction without legislative consent.

II

MCLA 701.19(6); MSA 27.3178(19)(6) is also attacked for providing a limitation period so short that Mrs. Kasuba has effectively been deprived of property without due process of law. We cannot agree.

It is well established that due process is primarily concerned with providing the opportunity for a full and fair trial on the merits. Ridenour v Bay County, 366 Mich 225; 114 NW2d 172 (1962). Where an ample hearing is afforded, due process does not require a state to provide a rehearing of the same matter or a new trial, Pittsburgh, C C & St L R Co v Backus, 154 US 421; 14 S Ct 1114; 38 L Ed 1031 (1894); James v Appel, 192 US 129; 24 S Ct 222; 48 L Ed 377 (1904), or even an appellate review, United States v MacCollom, 426 US 317; 96 S Ct 2086; 48 L Ed 2d 666 (1976); Griffin v Illinois, 351 US 12; 76 S Ct 585; 100 L Ed 891 (1956); McKane v Durston, 153 US 684; 14 S Ct 913; 38 L Ed 867 (1894); J F Hartz Co v Lukaszcewski, *567 200 Mich 230; 167 NW 18 (1918); Messenger v Teagan, 106 Mich 654; 64 NW 499 (1895).[3]

In the case at bar, a hearing was held in the probate court after the guardian filed notice of contest to the state's claim. There is no claim regarding the adequacy of that hearing. A rehearing could have been applied for. Appeal of the order was available to the circuit court which was empowered to make any order or render any judgment that should have been made or rendered in the probate court or grant any other relief required by justice, and none was taken. GCR 1963, 701.10.

Our cases holding that limitations periods must afford a reasonable time within which a suit must be brought are of no avail to appellant. See Dyke v Richard, 390 Mich 739; 213 NW2d 185 (1973); Price v Hopkin,

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Bluebook (online)
258 N.W.2d 731, 401 Mich. 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kasuba-estate-mich-1977.