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STATE OF MICHIGAN
COURT OF APPEALS


TRUDY MEYER, Plaintiff-Appellant, v MATTHEW ASHBY, Defendant-Appellee.

UNPUBLISHED May 10, 2007

No. 266565 Oakland Circuit Court LC No. 2005-008244-AV

Before: Smolenski, P.J., and Wilder and Zahra, JJ. PER CURIAM. Plaintiff appeals by delayed leave granted the circuit court's order affirming the district court's dismissal of her complaint for claim and delivery.1 We reverse and remand this case to the district court for further proceedings. I. Basic Facts and Procedure This case arises out of defendant Matthew Ashby's marriage to plaintiff's daughter, Sarah, in September 2000. During the course of the marriage plaintiff allegedly lent the couple several pieces of personal property, such as furniture and artwork. In September 2003, Sarah filed for divorce in Midland County Circuit Court. According to plaintiff, Sarah informed defendant during the divorce proceedings that plaintiff had an ownership interest in, and sought the return of, the personal property at issue here. In March 2004, plaintiff arranged to pick up the property from defendant, but defendant's counsel subsequently canceled the pick-up. Defendant contended in the action below that during negotiation to reach a consent judgment, Sarah's attorney told him plaintiff no longer wanted any of the personal property. On July 23, 2004, the Midland County Circuit Court entered a consent judgment of divorce. Defendant further contended that, in light of that concession, he agreed to assume a substantial

An action seeking return of tangible personal property falls under MCL 600.2920, Sparling Plastic Indus. v Sparling, 229 Mich App 704, 713-714; 583 NW2d 232 (1998);

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