Order Michigan Supreme Court
Lansing, Michigan
September 29, 2010 Marilyn Kelly,
Chief Justice
141149 Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway
LINDA S. MAHER, Alton Thomas Davis,
Plaintiff-Appellant, Justices
v SC: 141149
COA: 287309
Saginaw CC: 05-056101-DM
JAMES P. MAHER,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the April 20, 2010
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE that part of the judgment of the Court of
Appeals holding that the appreciation realized from the Smith Barney investment account
during the marriage was the defendant’s separate property. The appreciation of an
actively managed account during the parties’ marriage is marital property. Dart v Dart,
460 Mich 573, 585 n 6 (1999), citing Hanaway v Hanaway, 208 Mich App 278 (1995),
and Reeves v Reeves, 226 Mich App 490 (1997). The Court of Appeals held that neither
plaintiff nor defendant actively handled or managed the account. However, because the
trial court did not make a finding of fact as to whether the account was actively managed
by either party, we REMAND this case to the Saginaw Circuit Court for full
consideration of the issue, and for any further proceedings not inconsistent with this
order. In all other respects, leave to appeal is DENIED because we are not persuaded that
the remaining question should be reviewed by this Court.
We do not retain jurisdiction.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
September 29, 2010 _________________________________________
s0922 Clerk