Re: RE: Marital Home Destroyed **

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On 7/09/04, Michael wrote:
> On 7/03/04, v wrote:
>> On 7/03/04, Alyse wrote:
>
> Yes you do need legal counsel as 'v' stated, and fast!! What needs
> to be filed is an appeal and motion to vacate based on
> typographical errors in the decree. Who's transcripts did your
> attorney pull - his or the courts? As 'v' stated, the court should
> have a record of what was awarded each party. Also, the presiding
> family court judge may be of assistance since he/she presided at
> the hearing.

This may also be of interest. I'm sure that a good attorney will see
that the division of property was not equitable and that there were
obvious errors, as was admitted.

Michigan Case Law: McNamara v Horner

In a divorce action, appellate review of the trial court's factual
findings is limited to clear error. A finding is clearly erroneous
if, after a review of the entire record, the reviewing court is left
with a definite and firm conviction that a mistake has been made.

Domestic Relations - Property Division - Purpose

The purpose of the division of marital assets in a divorce proceeding
is to reach an equitable division in light of all the circumstances.
The division need not be mathematically equal but should be roughly
congruent, and any significant departures from congruence must be
clearly explained by the trial court. In this case, the trial court
failed to render specific findings as to the pertinent factors
relevant to an equitable division of the parties' martial estate, and
thus a determination of the equitability of the division of the
parties' property was precluded and remand was necessary.