CAROL ANN BEENEY V STEVEN DALE BEENEYAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
CAROL ANN BEENEY,
July 10, 1998
STEVEN DALE BEENEY,
Berrien Circuit Court
LC No. 95-000750 DM
Before: Murphy, P.J., and Young, Jr. and M. R. Smith*, JJ.
Defendant appeals as of right from the entry of a judgment of divorce that requires him to pay
alimony in the amount of $160 per week. We affirm. This case is being decided without oral argument
pursuant to MCR 7.214(E).
Defendant challenges the trial court’s findings of fact in support of the alimony award as being
clearly erroneous. He also challenges the award of alimony as being unfair and inequitable. Sparks v
Sparks, 440 Mich 141, 151-152; 485 NW2d 893 (1992).
The trial court based its decision to award alimony, as well as its decision on the amount of
alimony to award, on trial testimony of plaintiff and the deposition testimony of defendant, the deposition
being offered in the absence of defendant at trial. Because defendant has failed to provide the
deposition transcript as required by MCR 7.210 and because any determination of the merits of
defendant’s appellate challenges would necessitate a review of the deposition transcript, defendant’s
failure to provide the transcript waives appellate review of his challenges to the propriety of the alimony
award. People v Anderson, 209 Mich App 527, 535; 531 NW2d 780 (1995); Myers v Jarnac, 189
Mich App 436, 444; 474 NW2d 302 (1991).
* Circuit judge, sitting on the Court of Appeals by assignment.
/s/ William B. Murphy
/s/ Robert P. Young, Jr.
/s/ Michael R. Smith