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Joseph J. KOWALCZYK, Plaintiff-Appellant, v. Kathleen Ann JONES, Defendant-Appellee

ORDER

On order of the Court, the application for leave to appeal is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REINSTATE the judgment of the Oakland Circuit Court. The circuit court entered a default judgment against the defendant in this divorce action. It was not until approximately nine months later that the defendant moved to set the default judgment aside despite the fact that the defendant learned of the entry of that judgment the day following its entry. MCR 2.612(C)(2) provides that a motion for relief from judgment must be made "within a reasonable time." Under the circumstances of this case, we find that the trial judge did not abuse his discretion in denying the motion to set aside the default judgment on this basis.

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Kowalcyzk v. Jones
(Jan 1, 1993)