John Skidmore v. Billy Wayne Skidmore, Jr. (Appeal from Marshall Circuit Court: CV-23-900277).

Summary

The Court held that the probate court lacked subject-matter jurisdiction to adjudicate competing claims of title to real property by effectively setting aside a recorded deed and declaring the property's ownership. The circuit court therefore erred by refusing to set aside the probate court's judgment as void under Rule 60(b)(4). The Court also held that John's appeal was properly before it because removal transferred the continuous estate proceeding to the circuit court, which could consider his timely postjudgment motion. No separate opinions were filed.