(Download) "Judy Kay Smith v. Barton Smith" by Supreme Court of Michigan # eBook PDF Kindle ePub Free
eBook details
- Title: Judy Kay Smith v. Barton Smith
- Author : Supreme Court of Michigan
- Release Date : January 30, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Order On order of the Court, the application for leave to appeal is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE in part the judgments of the Court of Appeals and the Lenawee Circuit Court, and we REMAND this case to the Lenawee Circuit Court for reconsideration of the alimony award in light of the views stated in Dissent in the Court of Appeals. The division of property and the decision to award alimony are supported by the court's finding of fact and by the balance of the record. However, the court's decision that the alimony is to continue throughout the plaintiff's lifetime (unless she remarries) coupled with the award to plaintiff of one-half of defendant's pension is not supported by the findings of fact and by the balance of the record. On remand, the Lenawee Circuit Court shall reconsider whether the alimony obligation should be continued, at the level indicated, beyond the point of defendant's retirement. In all other respects, leave to appeal is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. We do not retain jurisdiction.