IN RE OLSON ESTATE

Court of Appeals, State of Michigan
ORDER
IN RE OLSON ESTATE
Docket No. 380551
LC No. 2025-254981-DE
Michael J. Riordan
Presiding Judge
Michael F. Gadola
Thomas C. Cameron
Judges
The motion for immediate consideration is GRANTED.
The motion for stay pending appeal is DENIED.
In lieu of granting the delayed application for leave to appeal, the motion for peremptory
reversal under MCR 7.211(C)(4) is GRANTED. The trial court abused its discretion by changing venue
on the basis of convenience when Michael Olson failed, as the moving party, to make a “persuasive
showing” of inconvenience. See Dairyland Ins Co v Mews, 347 Mich App 568, 591; 16 NW3d 529
(2023). Olson made conclusory claims of inconvenience without specifically identifying any witnesses,
parties, or evidence that would make trial in St. Clair more convenient. See id. at 591-592. While the
trial court identified interested parties in St. Clair County, the travel involved between adjacent counties
does not amount to a persuasive showing of inconvenience. See id. at 591; Chilingirian v Fraser, 182
Mich App 163, 165; 451 NW2d 541 (1989). Further, while there were related guardianship proceedings
in St. Clair, the mere existence of these related proceedings in another county does not warrant a change
of venue. See Dairyland, 347 Mich App at 592. Olson made no showing that dual-track litigation will
occur involving burdensome duplication of discovery or motion practice that will inconvenience the
parties, witnesses, or attorneys. See id. Affording deference to the initial choice of venue in Macomb
County, and absent a persuasive showing of inconvenience, the trial court abused its discretion by granting
Olson’s petition to change venue. See id. at 591-592. The order transferring the case to St. Clair County
Probate Court is, therefore, REVERSED and the case is REMANDED to the Macomb County Probate
Court for further proceedings.
_______________________________
Presiding Judge
A true copy entered and certified by Jerome W. Zimmer Jr. , Chief Clerk, on
Date
May 29, 2026

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