Application by defendant-appellee for allowing an act after expiration of time is considered and the Court orders that defendant-appellee’s pleadings be considered on their merits, lateness notwithstanding. The motion by defendant-appellee for clarification is considered and, pursuant to GCR 1963, 865.1(7), the case is remanded to the Saginaw Circuit Court for a factual hearing. If the trial judge is convinced by the evidence that Thomas C. Price did not attend college in the 1972-73 school year for reasons other than financial inability, the trial court’s order of September 18, 1972 shall be vacated. See 46 Am Jur 2d, Judgments, § 443; Zwerg v Zwerg, 179 So 2d 821, 825 (Miss, 1965). The petition by plaintiff for extraordinary attorney fees also is remanded for further consideration by the trial judge.
Price v. Price
397 Mich. 962
Mich.1976Check TreatmentAI-generated responses must be verified and are not legal advice.