Opinion
Nos. 126023, 126024.
September 24, 2004.
SC: 126023, 126024, COA: 243233, 243378.
Summary Disposition.
In lieu of granting leave to appeal, the Court of Appeals judgment is vacated, and the case is remanded to that Court for reconsideration in light of the parties' settlement agreement placed on the record in open court on January 16, 2002. MCR 7.302(G)(1). The Court of Appeals erred in finding that defendant hid the existence of the severance payments from plaintiff. The record demonstrates that plaintiff was aware of the severance payments, and that the parties treated them as defendant's income for purposes of reaching a settlement. Moreover, neither the agreement placed on the record in open court, nor the consent judgment of divorce, can reasonably be interpreted to provide for the division of the severance payments upon defendant's re-employment. The parties' agreement only contemplates the reopening of the alimony provisions of the divorce judgment upon a showing by plaintiff that defendant committed fraud by representing that he was not employed, and did not have an offer of employment, at the time the settlement agreement was placed on the record. To date, no such finding has been made. Jurisdiction is not retained.