PREDRAG PERIC V WENDY LEIGH PERIC
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STATE OF MICHIGAN
COURT OF APPEALS
PREDRAG PERIC,
UNPUBLISHED
August 30, 2005
Plaintiff-Appellee,
v
No. 259222
Wayne Circuit Court
LC No. 00-027426-DM
WENDY LEIGH PERIC,
Defendant-Appellant.
Before: Saad, P.J., and Hoekstra and Markey, JJ.
HOEKSTRA, J., (dissenting).
I respectfully dissent from the majority’s determination that the custody decision in this
matter must be reversed. As recognized by the majority, we review a trial court's findings of fact
with respect to the statutory best interest factors to determine whether they are against the great
weight of the evidence, and will sustain those findings “unless the evidence clearly
preponderates in the opposite direction.” Foskett v Foskett, 247 Mich.App 1, 5; 634 NW2d 363
(2001).
Giving the required deference to the trial court, especially with respect to judging the
credibility of witnesses, see id. at 889-890, I cannot conclude that the court’s findings on the
various best interest factors mandate reversal. Nor do I find sufficient evidence of a “deepseated favoritism” on the part of the trial court necessary to disturb its decision. People v Wells,
238 Mich App 383, 391; 605 NW2d 374 (1999); see also MCR 2.003(B)(1). Rather, I find that
the trial judge properly considered the proofs and reached a reasoned decision wholly consistent
with the evidence and the discretion afforded the trial court in matters of custody. Foskett, supra
at 5. Accordingly, I would affirm the judgment of the trial court.
/s/ Joel P. Hoekstra
-1-
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