EDWIN C JUTILA V GINA M JUTILA
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STATE OF MICHIGAN
COURT OF APPEALS
EDWIN C. JUTILA,
UNPUBLISHED
November 13, 2008
Plaintiff/Counter DefendantAppellant,
v
No. 282961
Houghton Circuit Court
LC No. 06-013383-DO
GINA M. JUTILA,
Defendant/Counter-PlaintiffAppellee.
Before: Beckering, P.J., and Borrello and Davis, JJ.
BECKERING, P.J. (dissenting).
I would remand to the trial court for a more complete articulation of its findings of fact
and conclusions of law. The trial court indicated that it “is well aware of the factors which it
must consider in dividing a couple’s assets and liabilities at the time of divorce, as well as the
matters which must be taken into account in determining whether assets are marital, or
premarital or separate.” The court did not, however, articulate how it analyzed the factors or
state what determinations it had made with regard to the contested property in terms of what was
marital, what was separate, and whether it was relying on one of the statutory exceptions to
invade separate property as set forth in MCL 552.23(1) (insufficient estate and effects awarded
to a party for suitable support and maintenance) and MCL 552.401 (contribution to the
acquisition, improvement, or accumulation of the property). While it appears that the trial court
rendered an equitable division of assets under the factors to be considered, it did not sufficiently
articulate its findings of fact and conclusions of law to allow for a meaningful appellate review.
/s/ Jane M. Beckering
-1-
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