Modawell v. Depew CA6
Plaintiff Lisa Modawell and her sister, defendant Courtney Depew, were allegedly beneficiaries of their grandmother’s trusts. Depew was also allegedly the trustee of the trusts. Modawell filed a petition in the probate court for breach of trust against Depew, and Depew filed an answer. The court treated Depew’s answer as a demurrer, sustained the demurrer on the grounds that Modawell’s petition was barred by the statute of limitations and by the doctrine of laches, and filed a judgment dismissing Modawell’s petition with prejudice.
On appeal, we understand Modawell to contend that the judgment should be reversed because the probate court erred by: (1) having a court staff member contact Depew after she failed to appear for several hearings, (2) treating Depew’s answer as a demurrer, and (3) sustaining the demurrer based on the statute of limitations and the doctrine of laches.
For reasons that we will explain, we will reverse the judgment.
Comments on Modawell v. Depew CA6