584 N.W.2d 922
No. 110736.Supreme Court of Michigan.
September 9, 1998
Leave to Appeal Denied September 9, 1998:
The Supreme Court orders of January 23, 1996, did not affect any authority of the trial court with respect to reopening proofs. The orders were intended to effectuate, not alter, the balance struck in the property division by the trial court’s opinion and order of April 7, 1992. In particular, it is noted that the trial court’s apparent conclusion is that plaintiff’s share of the net rental income would roughly equal and cancel the principal and interest due from plaintiff’s debt to defendant. The original judgment seems to alter substantially the balance by changing a part of the award to plaintiff from a share of net income to a share of all rental income from the affected properties. On remand, the Oakland Circuit Court has authority to take such action as is necessary to effectuate its original property division or, if that is no longer possible, to modify its original property division in a manner that strikes an equitable balance. Jurisdiction is not retained.
Court of Appeals No. 196266.