Legal Opinion · Dissent

Nicpon v. Nicpon

Michigan Court of Appeals

Decided March 18, 1968No. Docket 2,544Published

1DissentJ. H. Gtillis, J.

The majority opinion bases its reversal on the failure of the trial coprt to comply with GrCR 1963, 517.1, an issue not *379raised on appeal and consequently not briefed by the parties.

Because equity cases are still reviewed de novo, Osius v. Dingell (1965), 375 Mich 605, 610, this Court is not powerless to render decision because of the trial court’s failure to comply with GCR 1963, 517.1. This is not a case with involved questions of law and fact which might make special findings of fact and conclusions of law absolutely necessary to appellate review. To the extent plaintiff felt prejudiced by…

2Cases cited3 opinions

  1. Bowler v. BowlerMichigan Supreme Court · 1958
  2. Osius v. DingellMichigan Supreme Court · 1965
  3. Dean v. DeanMichigan Supreme Court · 1955

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