Kenneth Koehler passed away with no will, no spouse, no children, and no siblings, and his parents and grandparents predeceased him. His paternal grandfather, Carl Cedric Umble, was killed before his son, Carl Koehler (Kenneth's father) was born....
The relevant question was whether respondents "were afforded notice that satisfies due process, not whether petitioner met each provision and requirement of the GPTA." They claimed that because respondent-RFA's "mortgage was recorded before the...
The court rejected plaintiff's argument that the award of spousal support was unfair and inequitable under the circumstances. "Although the trial court imputed $35,000 to defendant in annual income," he was unemployed and needed "to secure and...
The trial court properly granted summary disposition in defendants' favor. Plaintiff-Janie Burnham (Burnham) slipped and fell in a puddle of water in what the parties describe as the "pit" area of defendant-Hobby Lobby's store. On appeal,...
During their marriage, John designated Nancy as his sole named beneficiary on the group life insurance policy provided by his employer. The divorce judgment included a provision for cancellation of each spouse's interest in any existing life...
"The hearing referee who conducted the adjudication trial stated that it was 'enter[ing] a default' against respondent because he failed to appear for the trial." However, there was "no authority for the proposition that a respondent in child...
Holding that the order failed to appreciate that the shift in parenting time altered the child's ECE, the court reversed the trial court's order and remanded. The order determined the parties' minor child, MS, would attend a particular school and...
Holding that the noncompetition clause in the plaintiff-employer's employee handbook was unreasonable, the court limited the injunction against "'obtaining employment, either directly or indirectly, from any current or previously contracted client...
The court held that the trial court did not err by granting summary disposition for the defendant-property owner in the plaintiff's premises liability action because "the uneven pavement and dim lighting were open and obvious conditions that were...
The court affirmed the district court's judgment denying the defendant-police officer's (Officer Flake) defense of qualified immunity on the plaintiffs' claims of excessive force and arrest without probable cause. It dismissed defendant-City of...
The court held that when "¶ 4.B of the 2010 MOU is read in its entirety, the paragraph is unambiguous and it does not create the vested right asserted by" plaintiff/counter-defendant-Cass. This was a breach of contract action involving a contract...
Holding that the plaintiff-city's noise ordinance was unconstitutionally vague, the court reversed and remanded for dismissal of the citations against the defendants-bar owners and employee. Defendants were issued the citations on the ground that...
The court held that the trial court applied the correct standard of review in granting the defendant-snow removal company summary disposition under MCR 2.116(C)(8), and correctly determined that the plaintiffs were not entitled to relief under a...
Holding that genuine issues of material fact existed as to whether the option to purchase was specifically assigned and whether it was for the land or the land and the restaurant on the property, the court reversed the trial court's grant of...
The trial court properly granted termination of the respondents-parents' parental rights to the child where the statutory grounds for termination were established by clear and convincing evidence and it was in the child's best interests. They...
The court reversed the trial court's grant of summary disposition in favor of defendants on plaintiff's breach of contract claim, and remanded for entry of summary disposition in favor of plaintiff on that claim. It affirmed the trial court's grant...
There was sufficient evidence to convict defendant-Thomasine Robinson, a mayoral candidate in the 2012 election, of "vote buying" where a witness testified that Thomasine Robinson gave her $20 to vote in the election. There was also evidence that...
Noting that the petitioner's brief made no effort to address the trial court's ruling deeming admitted the respondent-trustee's requests to admit, and concluding that summary disposition for respondent was appropriate under MCR 2.116(C)(10), the...
The court held that the trial court did not err by dismissing the plaintiff-landowner's complaint related to the defendant-neighboring landowner's fence and granting summary disposition to defendant. It also found that the trial court did not err...
The case "had been pending for well over 182 days and was initiated" in 11/12 "because of respondent's mental health, improper supervision of the child, and inadequate housing. The goals identified for respondent through these proceedings included"...
On appeal, the court rejected her argument that the trial court erred in finding statutory grounds for termination. As to § (c)(i) it noted that given her involvement in domestic violence and her lack of progress, "there was no reasonable...
The petitioners were the child's grandparents and had a guardianship over him. They presented evidence that "respondent had not had any contact with her son" since 4/13, "after she left him with them and went back to Iowa." While she "testified...
The Court of Appeals rejected the respondent's claim that laches barred the petition, and concluded that she failed to establish plain error affecting her substantial rights as to her claims of lack of notice and a hearing. Further, she failed to...
The trial court previously granted the parties joint legal and physical custody of their children with equal and shared authority as to all major decisions affecting them, including schooling. It later amended the order, modifying physical custody...
The parties divorced in 2012. On appeal, plaintiff argued that the trial court erred in ruling that the spousal support award was nonmodifiable. The consent judgment included a modification clause. There was nothing in the modification clause that...
The Court of Appeals reversed the trial court's order granting defendant summary disposition and remanded for further proceedings. In 2013, the then-63-year-old plaintiff was riding her bicycle when she was struck by defendant-Solomon's vehicle....
The case stemmed from the death of the 16-month-old child of respondent's girlfriend. The child suffered multiple injuries while in his care, and the death was ruled a homicide. A petition was filed to terminate his parental rights to his two...
The parties participated in mediation and memorialized the terms of their agreement in a handwritten mediation agreement that they and their attorneys signed. The plaintiff-father's attorney then drafted the appropriate order, circulated it for...
The court concluded that she "clearly failed to provide proper care and custody for the two-year old child. The child was found wandering in the parking lot of a motel where respondent went to a party; respondent was unconscious from a heroin...
Plaintiff alleged that defendant's secret baptism of the child and concealment of the baptism was in violation of their divorce judgment, which required their parent coordinator to decide disagreements in the event they could not agree. The trial...
Respondent-mother argued that BB's life was not improved by the termination of her parental rights when adoption was not a consideration for him. She stated that her relationship with him "could have been legally maintained while preserving his...
Plaintiff engaged in protected activity and was suspended from employment with full pay and benefits on 10/1/13. She was notified on 10/14/13 that her contract, expiring on 12/1/13, would not be renewed. The court rejected her argument that not...
The trial court terminated respondent's parental rights on the basis of his convictions for sexually molesting his stepdaughter. On appeal, the court rejected his argument that his due process rights were violated when the DHHS failed to provide...
The trial court did not err in rejecting defendants' claim that plaintiff lacked standing in this breach of contract case. It also did not err in ruling that the Authorization was an enforceable contract, or abuse its discretion in denying...
The court held that the trial court did not abuse its discretion by granting the plaintiff-mother's motion to change the domicile of the parties' child from Michigan to Massachusetts. On appeal, the court rejected the defendant-father's argument...
The court held that the appellant waived the affirmative defense of the statute of limitations. Further, it concluded that the probate court did not clearly err in its factual findings that the assets appellant transferred to herself were not gifts...
Noting that the requirement of a loan modification process only applies to foreclosure by advertisement, the court rejected the defendant-borrower's argument that once the plaintiff started the loan modification process, it was barred from...
The court held that the trial court properly denied the plaintiff-condominium association's motion for summary disposition and properly granted the defendant-property owner's motion for summary disposition. Plaintiff sued defendant seeking to...
The court held that the Court of Claims did not err by granting the defendant-university's motion for summary disposition on the basis that the plaintiff's claims were barred by res judicata. The court noted that plaintiff's state claims were "a...
The court held that the trial court did not clearly err when it found that the DHHS established grounds for terminating the respondent-father's parental rights by clear and convincing evidence or when it found that termination of both...
