Fletcher v. Fletcher

504 N.W.2d 684, 200 Mich. App. 505
CourtMichigan Court of Appeals
DecidedJuly 6, 1993
DocketDocket 151145
StatusPublished
Cited by24 cases

This text of 504 N.W.2d 684 (Fletcher v. Fletcher) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fletcher v. Fletcher, 504 N.W.2d 684, 200 Mich. App. 505 (Mich. Ct. App. 1993).

Opinions

Shepherd, P.J.

Defendant, Debra Mae Fletcher, appeals as of right from a December 17, 1991, order awarding physical custody of the parties’ children to plaintiff, John David Fletcher. The custody order was incorporated in a judgment of divorce issued on April 7, 1992, wherein defendant was given visitation rights and ordered to pay support. We reverse and award physical custody of the children to defendant.

The parties were married on August 8, 1975, and have three minor children: Nicole, born June 3, 1980; Erika, born March 3, 1984; and Stephen, born July 5, 1988. On April 11, 1990, plaintiff filed for divorce. Pursuant to an interim order, both parties were awarded temporary joint legal custody of the children. During the pendency of the divorce proceedings, both parties and their children continued to reside in the marital home.

After the friend of the court investigator issued a custody report recommending that physical custody of the children be awarded to defendant, the matter was referred to a referee. Evidentiary hearings regarding the issue of custody were held before the referee in October 1990 and January 1991. The referee also interviewed Nicole and Erika. In a report issued on March 29, 1991, the referee recommended that physical custody be awarded to defendant.

On April 19, 1991, plaintiff requested a hearing de novo in the circuit court. On May 13, 1992, the trial court issued a consent order providing, inter alia, that it would take testimony only from the parties and would not allow any testimony that was redundant to that given in the prior hearings. [509]*509An evidentiary hearing was held, and the court also interviewed Nicole and Erika. In an opinion entered on December 3, 1991, which was incorporated in the judgment of divorce, the trial court granted physical custody of the parties’ children to plaintiff.

i

In Truitt v Truitt, 172 Mich App 38, 42; 431 NW2d 454 (1988), this Court stated that our review of child custody decisions is de novo, as limited by § 8 of the Child Custody Act, MCL 722.28; MSA 25.312(8), which provides:

To expedite the resolution of a child custody dispute by prompt and final adjudication, all orders and judgments of the circuit court shall be affirmed on appeal unless the trial judge made findings of fact against the great weight of evidence or committed a palpable abuse of discretion or a clear legal error on a major issue.

In addition to the de novo standard of review, as limited by the statute, this Court is also obligated to review divorce cases in accordance with Beason v Beason, 435 Mich 791, 798; 460 NW2d 207 (1990). In Beason, p 798, the Court pointed out:

In a divorce case, the trial judge performs two distinct functions. First, the court must find facts on the basis of the evidence presented, and then the court must exercise its discretion in fashioning a disposition. In its fact-finding role, the trial court must hear the evidence, choose which witnesses to credit when the evidence conflicts, and, pursuant to MCR 2.517, must place findings of fact on the record or in a written opinion. Upon the basis of the facts, the trial court must then make a disposition of the case. Before the advent of no-fault [510]*510divorce, the ultimate dispositional ruling was whether a divorce should be granted. Today, the court still must exercise its discretion in fixing the amount of alimony or child support, in dividing property between the parties, or in modifying provisions of the divorce judgment. All of these are dispositional rulings. The trial court’s disposition is of course intimately related to its findings of fact, yet it is distinct.

In view of the hybrid nature of divorce cases, the Beason Court acknowledged that appellate review of divorce cases is not truly de novo because appellate courts properly defer to the factual findings of a trial court. Accordingly, a trial court’s findings of fact in a divorce case are not reviewed de novo but are subject to the clearly erroneous standard. As the Beason Court noted, p 805:

A finding is clearly erroneous if the appellate court, on all the evidence, is left with a definite and firm conviction that a mistake has been committed. While this standard gives the appellate judge more latitude than when reviewing a trial by jury, it does not authorize a reviewing court to substitute its judgment for that of the trial court; if the trial court’s view of the evidence is plausible, the reviewing court may not reverse.

Nonetheless, the Court made clear in Beason, pp 804-805, that the clearly erroneous standard does not apply to "[t]he trial court’s conclusions of law . . . [w]here a finding is derived from an erroneous application of law to facts,” or "where the trial judge’s factual findings may have been influenced by an incorrect view of the law.” Review of these matters is subject to the de novo standard. In addition, dispositional rulings are reviewed de novo.

In an effort to read the appellate standard of [511]*511review provision of the Child Custody Act as interpreted by this Court harmoniously with Beason, there arises a conflict regarding the standard applicable to the review of a trial court’s findings of fact in a child custody case. Although the statutory standard as interpreted by this Court states that, upon review de novo, we are to affirm unless the trial court’s findings are against the great weight of the evidence, Beason applies the clearly erroneous standard, which is not subject to review de novo. These two review standards are simply irreconcilable. Under the great weight of the evidence standard, we are compelled to affirm the decision of the trial court in a child custody matter unless this Court makes a determination de novo that there exists overwhelming evidence against the trial court’s findings. Under the clearly erroneous standard, we must affirm if the trial court’s view of the evidence is plausible.

In view of the conflict, we are constrained to apply Beason in reviewing the trial court’s findings of fact in a child custody case. Under the rule of stare decisis, the Court of Appeals must follow decisions of our Supreme Court, even if this Court disagrees with them or believes them to be in error. Schwartz v Flint (After Remand), 120 Mich App 449, 462; 329 NW2d 26 (1982), rev’d on other grounds 426 Mich 295; 395 NW2d 678 (1986).

Accordingly, the following standards of appellate review apply in child custody cases. In accord with Beason, this Court reviews the trial court’s findings of fact under the clearly erroneous standard. This review is not de novo. We will not reverse the decision of the trial court if the trial court’s view of the evidence is plausible. Otherwise, this Court will review de novo the child custody decision. However, as provided by statute, we will affirm the trial court’s decision unless the trial court commit[512]*512ted a palpable abuse of discretion or a clear legal error on a major issue. Because child custody decisions are dispositional in nature, the trial court’s ultimate disposition is subject to review de novo. Id.; Schubring v Schubring, 190 Mich App 468; 476 NW2d 434 (1991).

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Bluebook (online)
504 N.W.2d 684, 200 Mich. App. 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fletcher-v-fletcher-michctapp-1993.