Barbara Duchene v. S Gary Spicer Sr
367308
Mich. Ct. App.Jul 21, 2025Background
- Barbara Duchene, sole surviving heir to her family's fortune amassed through a potato chip business, brought several claims against S. Gary Spicer, who had provided legal services to her family and acted in fiduciary roles for various family trusts and foundations.
- The key trusts at issue were established by Doris and Donald Duchene for the benefit of their heirs and charitable causes.
- Duchene alleged Spicer unduly influenced her father, misdirected trust assets, breached fiduciary duties, and wrongfully converted family wealth.
- The trial court granted summary disposition for Spicer and others, holding the claims were either barred by statutes of limitations or lacked substantive merit.
- On appeal, the Court of Appeals reviewed each legal theory and affirmed the lower court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Undue Influence | Spicer manipulated Donald to change wills/trusts | Any actions at issue occurred before 2015; time-barred | Time-barred under six-year statute of limitations |
| Legal Malpractice | Spicer was Duchene's attorney; breached duty | No factual basis for representation; claim expired | No attorney-client relationship; claim time-barred |
| Breach of Fiduciary Duty | Spicer violated duties as trustee/counsel | Not trustee of Doris Trust; no duty owed | Not a trustee; no standing for breach under these trusts |
| Conversion | Spicer wrongfully withdrew/converted foundation funds | Any acts occurred before 2015; statute of limitations | Time-barred by three-year limitations period |
| RICO | Spicer engaged in racketeering diverting assets | Alleged activity occurred by 2015; not diligently pursued | Claim time-barred; no reasonable diligence shown |
| Discovery Rule | Tolling applies due to concealment/fraud | No affirmative concealment; no fiduciary responsibility | No tolling; no fiduciary duty or diligence established |
Key Cases Cited
- Boyle v. Gen. Motors Corp., 468 Mich 226 (accrual of fraud/undue influence claims)
- Macomb Co. Taxpayers Ass’n v. L’Anse Creuse Pub Sch, 455 Mich 1 (formation of attorney-client relationship)
- Estate of Maki v. Coen, 318 Mich App 532 (requirements for malpractice by non-client)
- Tillman v. Great Lakes Truck Ctr., Inc, 277 Mich App 47 (conversion elements and limitations period)
- Prentis Family Foundation v. Barbara Ann Karamanos Cancer Institute, 266 Mich App 39 (fiduciary duty accrual and concealment standards)
- El-Khalil v. Oakwood Healthcare, Inc, 504 Mich 152 (standards for summary disposition motions)