LAURIE E EASTMAN V ROBERT P EASTMAN
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STATE OF MICHIGAN
COURT OF APPEALS
LAURIE E. EASTMAN,
UNPUBLISHED
September 17, 1999
Plaintiff-Appellee,
v
No. 204465
Lapeer Circuit Court
LC No. 84-009467 DM
ROBERT P. EASTMAN,
Defendant-Appellant.
Before: White, P.J., and Markey and Wilder, JJ.
MEMORANDUM.
Defendant appeals by leave granted from the trial court’s order denying his petition for de novo
review of a Friend of the Court referee decision regarding child support. We reverse and remand.
Upon defendant’s timely objection to the referee’s recommendation regarding support, the trial
court was obliged to hold a de novo evidentiary hearing on the matter, unless both parties consented to
limiting the trial court’s review to the transcript of the referee hearing. MCL 552.507(5); MSA
25.176(7)(5); MCR 3.215(E)(3)(b), (F)(2); Cochrane v Brown, 234 Mich App 129; 592 NW2d
123 (1999). Because defendant did not consent to the trial court limiting its review to the pleadings and
the transcript of the referee hearing, the trial court erred in upholding the referee’s recommendation
without conducting a new evidentiary hearing of its own. Accordingly, we remand this case for a de
novo hearing.
Reversed and remanded for further proceedings consistent with this opinion. We do not retain
jurisdiction.
/s/ Helene N. White
/s/ Jane E. Markey
/s/ Kurtis T. Wilder
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