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...
The case arose out of a guardianship dispute between the minor wards' grandmothers, which arose following the entry of a consent judgment in an earlier Canadian proceeding. On appeal, Bibi argued that the probate and circuit courts erred in...
It was undisputed that, at the start of both residency periods, neither party was physically located in Michigan. "However, a party's 'continuing physical presence' in the state or county for the entirety of the state and county residency periods...
The Sixth Circuit Court rejected Walker's argument that he was entitled to rely on Alabama's self-defense law because he "admitted that he violated the terms of his supervised release by 'committ[ing] a state law violation[.]'" Once he...
In 5/14, the trial court ordered him to comply with a PAA. At the first review hearing in 7/14, he "admitted to relapsing into drug use and tested positive for cocaine." The trial court warned him that his "parental rights would be terminated if he...
Respondent's sole argument on appeal was that she has a constitutional right to parent her child. Although she was generally correct that "parents have a fundamental right to parent their children," the trial court did not err in terminating her...
Plaintiffs sought a declaration that the agreement with defendant was a binding contract, and that defendant breached it as well as the implied covenant of good faith and fair dealing. On appeal, the court rejected plaintiffs' argument that the...
Thus, the court affirmed his convictions. However, as to his sentencing, it remanded for Crosbyproceedings pursuant to Lockridge. He was sentenced to concurrent prison terms of 15 to 30 years for the murder conviction and 7 to 15 years for the...
The Court of Appeals reversed the trial court's orders denying appellant-Ellis's (mother) motions, and remanded the case to the trial court for clarification of the validity of the agreements. It also reversed the trial court's award of $750 in...
As to § (c)(i), more than 182 days elapsed between the issuance of the initial disposition order and the termination decision, and the conditions that led to adjudication, namely her mental health problems, her failure to obtain adequate housing,...
He was convicted of carjacking, armed robbery, unlawful imprisonment, felonious assault, CCW, FIP, felony-firearm, and fourth-degree child abuse related to the carjacking and robbery of a cab driver (S). Defendant argued that S was exposed to an...
Thus, it reversed and remanded for entry of an order granting summary disposition in favor of defendant. The case arose out of plaintiff's claim for PIP benefits-under a no-fault policy issued by defendant to plaintiff's purported "relative,"...
Thus, the court affirmed the trial court's order granting summary disposition in favor of defendants. The case concerned the ownership of a rectangular strip of land or lot referred to as the "fire-lane" that runs through part of a platted...
They argued that the DHHS did not prove by clear and convincing evidence that they failed to provide proper care or custody for the child and that there was no reasonable expectation that they would be able to do so within a reasonable time...
The parties entered into a consent JOD that covered custody and property division. It also reserved the issue of spousal support "until the expiration of four years from the date of entry of this Judgment of Divorce." Defendant later moved for...
Otto and Margaret signed trust documents in 1993. They amended the trust the next year. Otto died in 2005. In 2011, "Margaret attempted to amend the trust to provide that, on the death of the surviving spouse," a piece of real property would go to...
The parties were engaged in a long-standing dispute over natural drainage of water from defendants' higher elevation property across plaintiffs' lot. Plaintiffs moved their septic field and built a berm near the property line that caused water to...
Although Kayko worked fewer hours and had more opportunity to tend to KKG "on a daily basis, this did not negate that Govitz equally loved his son and could care for him." Accordingly, the evidence did not preponderate against the trial court's...
The defendant (ex-wife) claimed the funds were subsequently used to purchase the marital home. She did not dispute, and the record confirmed, that the property was initially plaintiff's separate property. He purchased the property in 1975 and made...
The case arose from a long-simmering disagreement between the father and his son as to a 10-acre parcel of property. On appeal, defendants argued that the trial court erred in granting the father's motion for summary disposition and abused its...
Respondent contended that the trial court erred by receiving the expert testimony of Dr. C, because the DHHS failed to specifically designate her as an expert on its witness list. She also asserted that C's testimony did not satisfy the...
In 2012, plaintiff's then-wife filed for divorce and paid $230 in filing fees. He later filed a motion as to custody of his child in the divorce action, and paid an $80 FOC fee, collected by the clerk of the court pursuant to the former MCL...
On appeal, defendant argued that the trial court committed clear legal error and violated her Second Amendment right by punishing her for lawful possession of a firearm in its analysis for best-interest factor (l). However, the trial court did not...
Plaintiff filed a paternity action claiming defendant was the father of her child. He was eventually served, but claimed the trial court lacked jurisdiction. The trial court disagreed and ordered a paternity test. When he failed to comply, it...
J had two daughters, the petitioner-Kathy Crowder and intervenor-Nancy Baruzzini, and a brother, intervenor-Jack Donaldson, the husband of the respondent-Veronica Donaldson. The will specifically and explicitly disinherited Nancy and Kathy, and...
She claimed that the trial court erred in adjudicating her as unfit. The trial court erred in finding that jurisdiction was established under MCL 712A.2(b)(2) by a preponderance of the evidence. "Under this statute, jurisdiction may be taken over a...
Thus, the court affirmed the trial court's order granting spousal support in favor of the defendant-ex-wife for $2,451 per month. On appeal, the plaintiff-ex-husband argued that the trial court erroneously calculated the parties' respective...
Defendant was arguing with his wife on the side of the road when two men pulled over. As the situation escalated, one of the men allegedly began choking defendant. Defendant pulled out a utility knife and held it in the air. The men got back in...
The evidence showed "that the child had resided with plaintiff her entire life, apart from the time spent in defendant's care." Plaintiff testified that she earned a steady income and resided "in a home where the child has her own bedroom....
