The case arose from the plaintiffs' sale of three commercial lots to defendant-RAAW Enterprises by land contracts. Defendant-RAAW Management later executed a promissory note to a bank. Guaranty agreements were also executed. As security for the...
The issue was whether old-age social security benefits payable pursuant to § 402 are "tangible things of economic value" as the term is used in MCL 500.3108(1) and thus, can be considered in a calculation of survivors' loss benefits under the Act....
Plaintiff claimed he was under no obligation to state in his complaint that there were minor children from the parties' first marriage. MCR 3.206(A)(5)(b)'s two categories-"'whether there are minor children of the parties' and 'minor children born...
Her argument that the trial court erred for the sole reason that she had a constitutional right to parent her children is without merit. She contended that there were no drug use, lack of housing, or lack of income issues. Her assertions as to drug...
Defendant-Sawyer was prosecuted for failure to comply with the NESHAP for asbestos when salvaging a former industrial site. The court first determined that he waived his right to appeal his sentence under the terms of his plea agreement; thus, it...
Ferrari worked under restrictions for Ford for several years before he sought an opportunity to enter Ford's apprenticeship program. The company doctor that examined him (B) declined to lift his work restrictions, finding that in addition to his...
Plaintiffs alleged that the defendants were negligent for failing to advise them as to the adequacy of their renter's insurance, specifically as it related to the plaintiff-husband's tool collection. The policy at issue, under the heading "Special...
Plaintiff sued defendants for injuries she sustained when she slipped and fell on ice in the driveway of her apartment. The trial court granted summary disposition for both defendants. As to Avalon, it found that the conditions were open and...
He was convicted of second-degree murder, Felon In Possession, and felony-firearm. He argued that his confession was not voluntary and thus, was inadmissible. However, the court disagreed. Defendant told the officers that he was 25 years old and...
The defendant-father challenged the trial court's findings that child's Established Custodial Enviornment (ECE) was with plaintiff alone. The trial court correctly articulated the standard, set forth in MCL 722.27(c). There was no dispute that the...
Hogan's first ERISA claim, challenging the insurance company's denial of ERISA benefits, was denied because the decision was not arbitrary or capricious. While that case was on appeal, she filed a negligence case in state court, suing the two...
As to § (c)(i), the record reflected that more than 182 days elapsed between the entry of the initial dispositional order and the termination hearing. It likewise reflected that respondent failed to adequately address the conditions that led to...
The parties-siblings disagreed as to the terms of their father's trust, which included a 300-acre farm. During their dispute, Daniel claimed that a settlement agreement between them did not preclude him from seeking compensation and reimbursement...
Plaintiff argued that the trial court clearly erred when it awarded defendant $5,700 for her share of the Harley. He contended that the parties had an agreement as to the Harley, pursuant to which he would be awarded the Harley and defendant would...
Walter and Yvonne Massie established the trust in 1995. The only asset in the trust was their home. Petitioners charged that Juzenas was required to provide them an accounting every year beginning in 2009, and was required to provide notification...
First, he incorrectly argued that he was not required to present evidence as to PC or a CIC because the trial court's initial custody decision was based on an agreement between the parties. "A negotiated settlement agreement 'does not diminish the...
Plaintiff argued that the trial court erred in denying his motion because the parties previously acknowledged that he is the child's biological father. He also contended that the trial court erred in denying his request to order that the parties...
Petitioner disputed the respondent-city's valuation of her property for the 2014 tax year. The TT affirmed the valuation. On appeal, the court agreed with petitioner that by concluding its meetings on March 7, respondent's MBOR failed to comply...
The Court of Appeals affirmed the trial court's order terminating his parental rights to the children pursuant to his voluntary release of parental rights under the Adoption Code. In 2015, he testified that he wanted to release his parental rights...
The parties entered into a purchase agreement for the defendants to sell the plaintiffs a parcel of land in exchange for $101,000 and a 1950 pickup truck. The trial court found that defendants wrongfully retained possession of the truck after the...
The parties raised several issues as to whether certain property was separate property or marital property subject to division. The defendant-ex-wife argued that her premarital Gentex stock was erroneously classified as marital property. The trial...
Defendant-father did not challenge the trial court's findings as to factors (d) and (e). As to (a), he took "issue with plaintiff's relinquishment of her current employment" in Michigan "for uncertain employment in Texas. While this is a concern,"...
She was convicted of possession with intent to deliver less than 50 grams of cocaine, possession of morphine, and two counts of felony-firearm. The trial court denied her motion to quash the search warrant, suppress the evidence seized, and dismiss...
She argued on appeal that there was insufficient evidence to support a statutory ground for termination due to the failure to offer her services and parenting time. The DHHS "sought termination at the initial dispositional hearing." Thus, it was...
The plaintiff-ex-wife filed a motion to hold defendant in contempt for violating the mutual restraining order by emailing a bank in India, which managed the account plaintiff used to pay her employees, directing it to stop "any kind of outgoing...
James died intestate 2012. He was survived by his spouse, appellee-Maggie, and 10 children. These consolidated appeals involved a dispute over the assets remaining in his estate. The primary issue in Docket No. 323387 concerned whether Maggie, who...
At the time of his death, Lyle was living with a woman with whom he had a long-term extramarital affair. The court agreed that "the phrase '[w]as willfully absent,' as used in MCL 700.2801(2)(e)(i), refers to physical absence." The physical...
The Court of Appeals affirmed the trial court's award of costs and attorney fees, but vacated the $100 fine. A support review resulted in a reduction of plaintiff's monthly support obligation. Defendant filed an objection to the support...
Defendant and the plaintiff-mother are the parents of an eight-year-old girl. The trial court awarded sole physical custody of the child to defendant with 6 hours of supervised parenting time per week to plaintiff, dependent on her psychological...
The court affirmed the trial court's judgment in favor of plaintiff, which enjoined defendants from using the well and waterline at issue, and awarded plaintiff $186.04 in costs. The case involved a property dispute arising from defendants' use of...
Thus, it affirmed the trial court's orders denying their motions to dismiss and preventing them from raising the defense. The trial court found Bylsma "failed to establish that he was entitled to immunity under § 4, and because his entitlement to...
It noted that the fact "the parties are separated when an asset is received does not change the general rule that an asset earned during the marriage is part of the marital estate." Since the release agreement defendant executed with her former...
Decedent wrote out a will while waiting at his lawyer's office, and the lawyer's secretary notarized it. He later committed suicide. The police officers investigating the matter turned over the letter and a copy of the will to the appellant and...
The trial court terminated her parental rights under § (g) after finding that she physically abused the children throughout the proceedings and that further services would not cure the problem. The record reflected that in 6/13, when "AW was about...
The children were removed from her care in 2013 "based on various allegations relating to the deplorable conditions" of the home, the "lack of education being provided to the children," and her "failure to adequately address her mental-health...
Defendant argued that the trial court should have dismissed plaintiff's remaining claims-unjust enrichment, implied contract/quasi-contract, fraud, and breach of fiduciary duty-under MCR 2.116(C)(10) because of the express terms of the LCC...
He was convicted of possession with intent to deliver less than five kilograms of marijuana, and felony-firearm. The court rejected his argument that the jury's verdicts were against the great weight of the evidence. As for his possession with...
It rejected the father's argument that the trial court erred by not holding the DHHS in contempt for failing to provide him with free therapy. It noted there was "no indication that the caseworker willfully defied the court's order to provide...
It rejected her claim that the DHHS failed to obtain a workbook recommended by a doctor following her psychological evaluation, noting that "ample efforts" were made by the caseworkers to obtain it, and that respondent was worked with on the issues...
The parties were married, but had no children. The child was conceived out of an affair between plaintiff and another woman. The child eventually came to live with plaintiff and defendant, but they eventually divorced. Defendant sought custody and...
