Alexander v. Alexander

Plaintiff commenced this divorce action on October 5, 1976. The parties stipulated to a waiver of the requirement of MCL 552.9f; MSA 25.89(6) that no proofs or testimony be taken until 60 days from the time of filing. The lower court entered an order pursuant to that stipulation, and a judgment was taken on October 25, 1976. Subsequently, on September 7, 1979, defendant moved to have the judgment set aside. The lower court denied both that request and defen dant’s later motion for a rehearing. Defendant appeals as of right.

We find that the trial court committed error by acting on the parties’…