In domestic relations cases, the appellate court reviews the family court’s choice, interpretation and application of existing law for clear legal error.[1] A clear legal error occurs when the family court “incorrectly chooses, interprets or applies the law . . . ,” and the appellate court is “bound to correct it.”[2] Similarly, the appellate court reviews claims of legal error, or questions of law, de novo.[3] The appellate court evaluates the case “without regard to how the court below evaluated or decided it.”[4] “A truly de novo review [is] a review of the record without deference to prior proceedings; on the basis of the record, the appellate court [is to] make its own findings of fact and conclusions of law.”[5] The findings of fact that accompany the relief are reviewable for clear error.[6] A finding is clearly erroneous when “although there is evidence to support it, [the appellate court] is left with the definite and firm conviction that a mistake has been made.”[7]
[1] Schlender v Schlender, 235 Mich App 230; 596 NW2d 643 (1999).
[2] Fletcher v Fletcher, 447 Mich 871; 526 NW2d 889 (1994).
[3] Id.
[4] Id.
[5] Id.
[6] Sweebe v Sweebe, 474 Mich 151; 712 NW2d 708 (2006).
[7] Id.; see also In re Miller, 433 Mich 331; 445 NW2d 161 (1989).