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Appeals court hears dispute over service and notice in probate partition action
Summary
Brian Wells told the court he received no proper service of a partition petition in a property dispute and that a probate court decree and the subsequent auction proceeded without notice; opposing counsel argued process was adequate and that the appellant repeatedly failed to comply with appellate rules.
The Appeals Court heard argument April 3 in an appeal brought by Brian Wells challenging a probate partition decree and related proceedings in Melissa Call v. Brian Kenneth Wells.
Wells, appearing pro se in oral argument, told the court he never received the citations the petitioner says were left at 144 Willis Road and that no qualified constable signed service. He said he first learned of the partition when he received an email from counsel for the opposing side and later noticed docket…
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