Order Michigan Supreme Court
Lansing, Michigan
May 19, 2006 Clifford W. Taylor,
Chief Justice
130429 Michael F. Cavanagh
& (59) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
SHARON LEE BLACK, Justices
Plaintiff-Appellee,
v SC: 130429
COA: 257650
Manistee CC: 02-010964-DO
BILLY GLOE BLACK,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 20, 2005
judgment of the Court of Appeals and the application for leave to appeal as cross-
appellant are considered. Pursuant to MCR 7.302(G)(1), in lieu of granting leave to
appeal, we REVERSE the portions of the Court of Appeals decision holding that the
Manistee cabin was part of the marital estate and that plaintiff was not entitled to any
portion of defendant's pension. The property division has now been reversed in its
entirety. We REMAND this case to the Manistee Circuit Court for further proceedings,
and DIRECT the trial court to address the issues remanded by the Court of Appeals and
to also determine: (1) whether, in light of the antenuptial agreement, defendant intended
to transfer his separate ownership interest in the Manistee cabin into the marital estate,
and (2) whether defendant gifted plaintiff with an interest in his pension. In all other
respects, the applications are DENIED, because we are not persuaded that the remaining
questions presented 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.
May 19, 2006 _________________________________________
l0516 Clerk