Family Law

This summary also appears under Litigation

 

Issues: Past due spousal support; Motion for reconsideration; MCR 2.119(F); Motion to set aside the default; MCR 2.603(A)(3); MCR 2.603(D)(1); Burden of demonstrating "good cause" and a "meritorious defense" to set aside the default; Saffian v. Simmons; Whether the court was in a position to address the issues on appeal; Alan Custom Homes, Inc. v. Krol

Court: Michigan Court of Appeals (Unpublished)

Case Name: Crescentini v. Crescentini

e-Journal Number: 57885

Judge(s): Per Curiam - Murphy, Whitbeck, and Talbot

 

The court held that the defendants were not entitled to appellate review because they never moved to set aside the trial court's entry of default. After entering a judgment of divorce, the trial court entered multiple orders compelling defendant-Marcello Crescentini to make past due spousal support payments. A receiver appointed to oversee the payments served Marcello and the other defendants with interrogatories and requests for the production of documents. When they did not respond, the trial judge issued a motion to compel. Finding their answers insufficient, the trial court entered a default judgment against them. On appeal, the court declined to address defendants' argument that the trial court improperly entered the order of default and default judgment, finding that they never moved to set aside the default. Defendants "challenged the trial court's order entering default by filing a motion for reconsideration, in which they argued that the trial court abused its discretion in granting the default. At the time the motion for reconsideration was filed . . . the default remained in place because they never moved to set it aside. As such, the challenge to the entry of the order of default was never properly before the trial court." Moreover, defendants never argued "that the default and default judgment could or should be set aside pursuant to the court rule" and thus, they "failed to meet their burden of showing that they followed the requisite procedures and made a sufficient record to entitle them to the relief . . . ." Affirmed.

 

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