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The court rejected the plaintiff-ex-husband's challenges to the trial court's property division and orders relating to insurance policies, but agreed that remand was required as to the award of attorney fees and costs to the defendant-ex-wife.

Thus, it vacated the order awarding attorney fees and remanded for further proceedings on this issue, but otherwise affirmed. As to the application of the Sparks factors, while "defendant received significantly more property than plaintiff" under...

After remand to the trial court for further proceedings, the court held that the trial court did not clearly err in finding that terminating the respondent-mother's parental rights was in the best interests of her five children.

On remand, the trial court conducted an evidentiary hearing and "provided a clear ruling explaining why it found termination" was in the children's best interests. It considered the appropriate factors and found that respondent "was not compliant...

The court held that the trial court properly terminated the respondent-father's parental rights to the three children where the statutory grounds were established by clear and convincing evidence and termination was in their best interests.

Given the length of the case and his "noncompliance, lack of accountability, and his substance abuse issues-including multiple relapses when he was close to reunification- there was not a reasonable expectation that he would be able to provide...

Holding that the trial court did not abuse its discretion by denying defendant-Norman's (father) motion to change custody and allowing plaintiff-Curtis (mother) to retain primary physical custody of the parties' minor daughter (S), the court affirmed

Norman argued that the trial court's finding of an ECE with Curtis was against the great weight of the evidence, meaning that the trial court erred by applying a clear and convincing standard as opposed to a preponderance of the evidence standard....

The court held that the probate court did not clearly err in ruling that the decedent's bank accounts did not have rights of survivorship and in ordering the appellants to disgorge funds they withdrew from his bank accounts shortly after his death.

The decedent maintained checking and savings accounts. Shortly before his death, while he was hospitalized and unable to communicate, appellant-Claudette Greenhoe deposited an inheritance check that the decedent received in his savings account. The...

Concluding that Marin properly interpreted a former version of § 19b(1) as not requiring the child be in foster care for a termination petition to be considered, the court rejected father's request to declare a "but for" conflict under MCR 7.215(J)(2

Before the child was born, respondent (at the age of 18) pleaded guilty to CSC I. The victim was his nine-year-old cousin. Petitioner testified that she learned the facts of respondent's conviction after she gave birth to the child, and broke off...

In an issue of first impression in a published opinion, the court held that a defendant's consent to search her home was not an "incriminating statement" under the Fifth Amendment because it was "not testimonial or communicative evidence."

After being arrested during a traffic stop, defendant-Calvetti signed her Miranda warnings, acknowledging that she knew her rights and indicating that she "did not want to answer questions." She argued that the DEA agent's continued questioning...

The court held that the trial court did not err by setting off receiver fees and support arrearages owed by the ex-husband to the ex-wife from plaintiff's obligation to pay defendant 50% of the equity in the marital home.

In the divorce judgment, plaintiff was awarded the home, and defendant was awarded a 50% equity interest in the home. The judgment also covered the parties' various other obligations. Shortly before the divorce, defendant entered into a written fee...

The trial court did not err by finding that the defendant was not entitled to claim immunity under § 4 of the MMMA where the marijuana "cuttings" he placed in "grow material" had developed to the point of becoming "plants" under the statute.

It also held that the trial court did not err in refusing to suppress the evidence merely because the affidavit did not establish that defendant was not entitled to the immunity defense. He was convicted of possession with intent to deliver...

The trial court's determination that the defendant-father failed to show proper cause was not against the great weight of the evidence. Also, his argument that he was entitled to another evidentiary hearing was without merit.

Defendant argued that the trial court erred when it made its threshold determination that proper cause or a Change Of Circumstance did not exist to warrant revisiting the issue of custody. The last custody order was entered on 10/8/14 by consent of...

The court held that the plaintiff-mother failed to establish grounds to change the child's domicile pursuant to MCL 722.31(4). However, the court vacated the award of attorney fees and remanded for further proceedings as to calculation of the fees.

The court held that the plaintiff-mother failed to establish grounds to change the child's domicile pursuant to MCL 722.31(4). Thus, the trial court did not have to reach her motion to take primary physical custody or analyze the statutory best...

The court held the trial court did not err by allocating assets to the defendant-ex-husband without including their value in the marital estate. The court could not determine whether the estate was equitably divided without findings on the Sparks fac

The court held that the trial court did not err by allocating two assets to the defendant-ex-husband without including their value in the marital estate. However, it noted that based on the trial court's failure to make findings on the Sparks...

Concluding that there was no evidence to support that the property at issue was the petitioner's principal residence in 2014, the court affirmed the Tax Tribunal's order affirming the respondent's denial of a Principal Residence Exemption.

The Talamore for Three Trust became an owner of the property in 1/14. Petitioner was the trustee of the Trust and co-owner of the property. His 2/14 documents only showed that he rented a trailer that was delivered to Muskegon. His 4/14 receipts...

The defendant's conviction of receiving and concealing stolen property valued at $20,000 was supported by sufficient evidence. The trial court properly denied his motion to suppress, as the search warrant for his home was supported by probable cause.

The basis of his conviction was the seizure of hundreds of GM knockdown containers from his warehouse. He argued that there was no evidence that the containers were stolen because "(1) 52 of the containers recovered were provided by GM and (2)...

The trial court properly awarded the defendant a 24-ft wide easement over an alley on the plaintiff's property, and properly denied defendant's request for an easement for access to a water line running under plaintiff's property.

During a repair to its water line, plaintiff discovered that the line also served defendant's property. Plaintiff sought a declaratory ruling that defendant had no right to its water line and that plaintiff could remove defendant's connection. The...

Holding that the arresting officer (C) had a reasonable suspicion that a traffic law was being violated, and that the defendant was detained for a reasonable time, the court reversed the trial court's order granting the motion to suppress and remande

C stopped the car defendant was driving because it did not have a metal registration plate. When he pulled the car over, he saw a piece of paper on the left side of the rear window, but he could not read it. Asked to produce his identification,...

The trial court did not abuse its discretion by admitting evidence of the defendant's other acts of domestic violence and he was not denied the effective assistance of counsel. In light of the evidence provided Defendant was not entitled to resentenc

He was convicted of domestic violence, third offense. The other acts involving defendant's wife (N) fell within the scope of MCL 768.27b, as the described conduct easily fell within the definition of domestic violence. Similarly, the other acts...

Concluding that the plaintiff established a genuine issue of material fact on the issue of causation, the court held that the trial court erroneously granted summary disposition in favor of defendant-State Farm under MCR 2.116(C)(10).

She was hit from behind by a pickup truck. Plaintiff argued that (1) she proffered documentary evidence that showed a genuine issue of material fact for trial, (2) the trial court failed to view the evidence in the light most favorable to her, (3)...

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