Conservatorship; Common-law conversion; Aroma Wines & Equip, Inc v Columbian Distrib Servs, Inc; Waiver of statute of limitations affirmative defense; MCR 2.111(F); MCR 5.001(B)(2); Attorney Gen ex rel Dep’t of Envtl Quality v Bulk Petroleum Corp; Right result/wrong reason; Credibility

The court held that the probate court properly ordered respondent to return $87,406.53 transferred from his mother’s bank account into an account belonging to him. Respondent’s sister, acting as conservator, alleged respondent converted funds from their mother’s account, while respondent claimed the money was a gift. On appeal, the court first held that respondent waived his statute-of-limitations defense because it is an affirmative defense that “must be raised in a party’s first responsive pleading or by motion filed not later than [that] responsive pleading,” and he raised it for the first time at the evidentiary hearing. Although the probate court relied on tolling to reject the defense, the court affirmed because it “will not reverse when the probate court has reached the right result, even if it has done so for the wrong reasons.” The court next held that the probate court did not err by finding common-law conversion. It explained that conversion is “any distinct act of dominion wrongfully exerted over another’s personal property,” and the evidence showed someone transferred the funds from the mother’s account into respondent’s account (which also bore his mother’s name). The court reasoned that testimony from the conservator and a longtime friend undermined respondent’s gift theory, and the deposit slip bore respondent’s handwriting and listed his fiancée’s address. The probate court expressly found respondent’s testimony “not credible” and “self-serving.” Deferring to that credibility finding, the court found no basis to disturb the order requiring respondent to return the funds. Affirmed.