From Casetext: Smarter Legal Research

Lada v. Lada

Michigan Court of Appeals
May 27, 1971
190 N.W.2d 740 (Mich. Ct. App. 1971)

Opinion

Docket No. 10525.

Decided May 27, 1971.

Appeal from Macomb, George R. Deneweth, J. Submitted Division 2 May 11, 1971, at Lansing. (Docket No. 10525.) Decided May 27, 1971.

Complaint for divorce by Joseph S. Lada against Helen E. Lada. Default judgment for plaintiff. Defendant appeals. Affirmed.

Butler Martin, for plaintiff.

LaBarge, Zatkoff Dinning, for defendant.

Before: DANHOF, P.J., and FITZGERALD and QUINN, JJ.


The defendant appeals alleging that the trial court erred in denying her motion to set aside a default. At the time the motion was made the defendant filed an affidavit stating facts which she contended excused her failure to file an answer. Subsequently, it was admitted in open court that the affidavit was false.

A motion to set aside a default is addressed to the trial court's discretion. Rhodes v. Rhodes (1966), 3 Mich. App. 396. A default is to be set aside only if good cause is shown. GCR 1963, 520.4. On the record before us we cannot conclude that the trial court abused its discretion in ruling that good cause had not been shown.

Affirmed.


Summaries of

Lada v. Lada

Michigan Court of Appeals
May 27, 1971
190 N.W.2d 740 (Mich. Ct. App. 1971)
Case details for

Lada v. Lada

Case Details

Full title:LADA v. LADA

Court:Michigan Court of Appeals

Date published: May 27, 1971

Citations

190 N.W.2d 740 (Mich. Ct. App. 1971)
190 N.W.2d 740

Citing Cases

Albro Leasing v. Sylvester

The decision of whether or not to set aside a default judgment is a discretionary one and will not be…