Legal Opinion

Petroff v. Petroff

Michigan Court of Appeals

Decided January 3, 1979No. Docket 77-3959PublishedCited by 2 opinions

1Per curiam

The plaintiff appeals as of right from trial court orders denying her motion to set aside a default judgment of divorce.

The record indicates that on July 15, 1977, defense counsel filed a statement of default; a pro confesso hearing, at which only the defendant testified, was held on that date. The judgment of divorce was also entered on July 15, 1977.

The defendant clearly did not comply with GCR 1963, 520.2(2), which provides in relevant part:

"Judgment by default may be entered as follows:
"(2) By the Court. In all other cases the party entitled to a judgment by default shall apply to the…

2Cases cited5 opinions

  1. Rhodes v. RhodesMichigan Court of Appeals · 1966
  2. Advance Dry Wall Co. v. Wolfe-Gilchrist, Inc.Michigan Court of Appeals · 1968
  3. Mission Investment Co. v. Perfect Totalisator Corp.Michigan Court of Appeals · 1974
  4. Harrison v. VMC Building Corp.Michigan Court of Appeals · 1976
  5. Lawrence v. CookMichigan Court of Appeals · 1971

3Cited by2 opinions

  1. American Central Corp. v. Stevens Van Lines, Inc.Michigan Court of Appeals · 1981
  2. Vaillencourt v. VaillencourtMichigan Court of Appeals · 1979

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