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HOUGHTON v. KELLER

Docket No. 232524.

662 N.W.2d 854 (2003)

256 Mich. App. 336

Jon HOUGHTON, Guardian/Conservator of Joann Houghton Johnson, a/k/a Joann Johnson Keller, Plaintiff-Appellee, v. Ronald Paul KELLER, Defendant-Appellant.

Court of Appeals of Michigan.

Decided April 22, 2003, at 9:00 a.m.

Released for Publication June 13, 2003.

Attorney(s) appearing for the Case

Dykema Gossett PLLC (by Mark H. Sutton), Bloomfield Hills, (DeniseAlexander, of counsel), Bloomfield Hills, for the plaintiff.

Law Offices of James Leonard Elsman (by James Leonard Elsman and Robert Katz), Birmingham, for the defendant.

Before: WHITBECK, C.J., and FITZGERALD and ZAHRA, JJ.

PER CURIAM.

Defendant appeals as of right a judgment of divorce. We affirm.

Defendant first argues that the trial court erred in ruling that a guardian can initiate a divorce action on behalf of an incompetent spouse. We disagree.

In Smith v. Smith 125 Mich.App. 164, 335 N.W.2d 657 (1983), this Court ruled that a mentally incompetent spouse can bring a divorce action...

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