It is from this order that Appellant now appeals. The issue before this Court is whether the circuit court abused its discretion when it denied Appellant's motion for reconsideration of its earlier order denying her an accounting. Appellant contends the circuit court abused its discretion when it failed to order an accounting of the estate, because the original summary judgment order actually granted her this interest and the intervening refusal by this Court of the appeal of that order rendered the judgment permanent. Appellees argue that the circuit court correctly determined that any action by Appellant is barred by the statute of limitations and, therefore, did not abuse its discretion in failing to order an accounting. We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court's underlying factual findings under a clearly erroneous standard.
Questions of law are subject to a de novo review.
The court may require all other testamentary papers of the decedent to be produced, and the inquiry shall then be which one of all, or how much of any, of the testamentary papers is the will of the decedent. If the judgment or order was entered by the circuit court on appeal from the county court, such bill shall be filed within two years from the date thereof, and if the judgment or order was entered by the county court and there was no appeal therefrom, such bill shall be filed within two years from the date of such order of the county court. If no such bill be filed within the time prescribed, the judgment or order shall be forever binding. Any bill filed under this section shall be in the circuit court of the county wherein probate of the will was allowed or denied. There is no doubt that Appellant was barred by the statute of limitations to challenge the validity of the codicil at issue.