Ī few more years pass and an Order of Assignment from Matt’s estate conveys the residue to surviving spouse of Matt, but that order does not reference either Parcel A or B. ĭecades later, Appellant, who has a beneficial interest in the estate of the now deceased surviving spouse of Matt, goes to Court to quiet title to parcel A and amend the Order of Assignment from Matt’s estate to include Parcel A. She offers the scrivener’s affidavit as proof. In that matter, Appellee refuses to be deposed (for which he is sanctioned), refuses to answer other discovery requests, and does not participate in trial, except to file a brief after the proofs are completed, which brief says that under Michigan law an affidavit of scrivener’s error cannot be used to alter the substantive rights of an owner without that owner also signing off, which he did not do. Accordingly, Appellee argues, the request for relief, which would have caused title in Parcel A to be deemed to have passed to the beneficiaries of the estate of Matt’s surviving spouse, must be denied, the result of which would be to leave Appellee as the owner of Parcel A, and title to Parcel B uncertain.
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The trial court agrees with Appellee, and the petitions filed by Appellant are denied. Then, Appellant files a new petition seeking the same relief only as to Parcel B. She asserts: If the scrivener’s error is not valid, then Parcel B should have been in the estate of Matt’s surviving spouse and should pass to her accordingly. But Appellee objects, saying that this new petition is barred by collateral estoppel and res judicata.
Again, the trial court sides with Appellee, and it is from this order that this appeal is filed. In the Court of Appeals, the trial court’s order is reversed. In their opinion, the COA distinguishes between collateral estoppel and res judicata. The COA explains that for collateral estoppel to apply, the prior case must have involved the same parties and the same issues. In this case, the COA notes, only the ownership of Parcel A was litigated, not Parcel B. Accordingly, collateral estoppel does not apply here. Res judicata, the COA says, could apply since the purpose of res judicata is to force judicial resources to be used economically, and if a matter could have been raised in a proceeding, and should have been raised in a proceeding, then the subsequent proceeding may be barred by res judicata.
The COA notes that in this case ownership of Parcel B could have been addressed in the first case, and that res judicata could be applied. But the COA goes on to say that the decision of when to apply res judicata is based on pragmatic considerations, and here, where the issue being raised in the second case was made more relevant because of the outcome of the first case, the application of res judicata would not be appropriate. In other words, until the trial court decided that the scrivener’s affidavit was ineffective, there was no reason for Appellant to litigate title to Parcel B. iPhone activation required on iPhone purchases made at an Apple Store with one of these national carriers: AT&T, Verizon, or T-Mobile.Accordingly, the trial court is reversed. ACMI is not available for purchases made online at the following special stores: Apple Employee Purchase Plan participating corporate Employee Purchase Programs Apple at Work for small businesses Government, and Veterans and Military Purchase Programs, or on refurbished devices. See the Apple Card Customer Agreement for more information. Taxes and shipping are not included in ACMI and are subject to your card’s variable APR. If you choose the pay-in-full or one-time-payment option for an ACMI-eligible purchase instead of choosing ACMI as the payment option at checkout, that purchase will be subject to the variable APR assigned to your Apple Card. Variable APRs for Apple Card other than ACMI range from 15.74% to 26.74% based on creditworthiness. See /kb/HT211204 for more information about eligible products. to select at checkout for certain Apple products purchased at Apple Store locations,, the Apple Store app, or by calling 1-800-MY-APPLE and is subject to credit approval and credit limit. Apple Card Monthly Installments (ACMI) is a 0% APR payment option available only in the U.S.
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