SAUNDERS v. SMITH

Docket No. 30267.

86 Mich. App. 1 (1978)

272 N.W.2d 174

SAUNDERS v. SMITH

Michigan Court of Appeals.

Decided September 21, 1978.


Attorney(s) appearing for the Case

Hatchett, Dewalt & Hatchett, for plaintiff.

Barry, Pantel & James, for defendant.

Before: ALLEN, P.J., and CYNAR and D.R. FREEMAN, JJ.


Decided September 21, 1978. Reversed in lieu of leave to appeal.

ALLEN, P.J.

Where the wife in a pro confesso divorce proceeding dies 29 days after the date of the proceedings but before a formal judgment of divorce has been entered, may a written nunc pro tunc judgment of divorce be entered? On June 17, 1976, the trial court held "yes" and defendant-husband appeals of right.

Phyllis and Harry Smith, defendant, were married in April,...

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