Schlaff v. Schlaff
Schlaff v. Schlaff
Opinion of the Court
In this case, a default judgment of divorce was entered in favor of the plaintiff, but
To dispose of plaintiff’s challenge to the standing of the defendant to bring an action of this nature, we need only say that we see no reason to rule that she is estopped from challenging a default judgment entered in her favor. GCR 1963, 528.3 authorizes courts to grant relief from a judgment on grounds of fraud, or "any other reason justifying relief’. By its terms, the rule does not limit the pursuit of relief only to the defeated party, but rather speaks of "a party or his legal representative”.
The defendant’s argument here is that the trial court abused its discretion in finding that defendant’s counterclaim was voluntarily initiated. A review of the record and of the trial court’s careful findings of fact reveals no such abuse.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.