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STATE OF MICHIGAN COURT OF APPEALS

RONALD E. COOK, Plaintiff-Appellee, v PAULA A. COOK, Defendant-Appellant.

UNPUBLISHED July 6, 2010

No. 289805 Washtenaw Circuit Court LC No. 05-001920-DO

Before: MURRAY, P.J., and SAAD and M.J. KELLY, JJ. PER CURIAM. In this domestic relations action, defendant appeals by delayed leave granted the trial court's order granting, in part, plaintiff's motion for relief from provisions of the parties' property settlement agreement and the trial court's order denying defendant's request to appoint a receiver, to accelerate property settlement payments, and for costs and attorney fees. Both orders were entered October 23, 2008. We affirm in part, and vacate in part the trial court's order, and remand this case for further proceedings consistent with this opinion. I. BACKGROUND At the heart of this appeal is the application and enforcement of the parties' property settlement agreement governing the distribution of assets. That agreement was incorporated into the parties' consent judgment of divorce, entered March 9, 2006, and provided for cash payments totaling $2,300,000 to defendant. Specifically, the settlement agreement provided that plaintiff was to pay an installment of $500,000 upon entry of the judgment of divorce and $50,000 within six months of that date. It is undisputed that plaintiff satisfied this obligation, so only $1,750,000 (pertaining to defendant's interest in the marital home and a condominium unit) is subject to the dispute before us. Pursuant to

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