The court held that the plaintiffs lacked standing to set aside the foreclosure sale, and concluded that even if they had standing, they failed to show a genuine issue of material fact as to the essential elements of a claim to set aside the sale....
The court concluded that the trial court properly found proper cause and a change in circumstances warranting reconsideration of the custodial arrangement. Further, its findings on the challenged MCL 722.23 factors were not against the great weight...
The court concluded that the trial court properly found proper cause and a change in circumstances warranting reconsideration of the custodial arrangement. Further, its findings on the challenged MCL 722.23 factors were not against the great weight...
Holding that the probate court erred in finding that the petitioner-PR's claim against the estate for reimbursement of attendant care services she provided to the decedent before his death was not barred, the court reversed and remanded. After her...
In these consolidated medical-marijuana cases, the trial court erred by dismissing the charges against the defendants based on "entrapment." The defendants were charged with dispensing marijuana to individuals with whom they were not connected...
The trial court properly denied in part the defendant-road commission's motion for summary disposition premised on governmental immunity where the plaintiffs-homeowners stated a claim under the "sewage disposal system event exception," and...
The court held that the trial court did not err by granting summary disposition for the defendant-broadcasting company (MSNBC) on the plaintiff's defamation and related claims. It also held that the trial court did not abuse its discretion by...
While the trial court did not err in finding that the initial police report was exempt from disclosure at the time the plaintiff made his FOIA request, it abused its discretion in denying his motion for attorney fees after it found that the...
The court held that the trial court did not err by granting plaintiffs-property owners summary disposition and declaring void the defendants-townships' (Haring and Clam Lake) agreement to conditionally transfer property. Plaintiffs sought to annex...
The trial court did not err by refusing to admit an Instagram photo of the victim (Harris) with a gun tucked inside the waistband of his pants because the photo was not relevant to the defendants' theory that Harris was shot during a drug deal....
Holding that the respondent-father did not establish good cause to stay the adoption proceeding, the court concluded that the trial court did not abuse its discretion in denying his motion. Further, because the trial court's findings on the best...
Holding that the issue of grandparent visitation was not properly before the trial court, and agreeing with the plaintiff-mother that when taken as a whole, on this record, the factors "strongly predominate against" any grant of visitation, the...
Holding that the plaintiff's reliance on MCL 565.29 was misplaced and that MCL 600.3241a had no relationship to the case, the court affirmed the trial court's order granting the defendants summary disposition in this action arising from a...
Holding that the trial court erred in excluding as hearsay an alleged conversation between a member of the decedent's family and an unnamed employee of defendant-New Horizons Rehabilitation Services, and that this testimony established a genuine...
The trial court properly terminated the respondent-mother's parental rights to the two children where the statutory grounds for termination were established by clear and convincing evidence and termination was in their best interests. The initial...
The court held that there was no due process violation and that the unpreserved error in the assignment of the case to a different judge at the second PE did not affect the outcome of the proceedings. Also, defendant failed to establish a plain...
The court held that the trial court did not err by granting summary disposition for the defendants-bank and buyer in the plaintiffs-lessees' action to enforce a right of first refusal to purchase the leased property. The bank initiated foreclosure...
Holding that the trial court clearly erred in finding that there was mutual assent to modify the land contract at issue to waive interest, and erred as a matter of law in ruling that the modification complied with the statute of frauds, the court...
The court found no error in the trial court's order suspending the defendant-mother's legal custody and parenting time. Thus, it affirmed the trial court's order which, among other things, temporarily suspended her legal custody and parenting time...
Rejecting the plaintiff-husband's claim that the trial court, on remand, again failed to make sufficient factual findings to support its attorney fee award to the defendant-wife, the court affirmed the award. The court held in the prior appeal that...
Holding that the plaintiff, pursuant to Obergefell, was not barred from asserting the applicability of the equitable parent doctrine, the court reversed the trial court's order granting the defendant summary disposition and remanded the case to the...
The court held that the trial court properly granted the plaintiff-father's request for a change of domicile, changing physical custody and parenting time of the parties' minor children. However, it did not properly resolve the issues of the...
he trial court did not violate the defendant-Association's due process rights when it sua sponte decided to construe the plattors' intent. However, upon review of the plat and the plat survey, the court held that the trial court erred in finding...
The court held that the trial court did not err by denying the defendant-city's motion for summary disposition based on governmental immunity.The plaintiff sued defendant for injuries she sustained when she tripped and fell on a sidewalk while...
Holding that the trial court erred by granting the plaintiffs-insurance companies' request to re-open the case and impose sanctions against the defendant-contractor's (Sebold) attorney, the court vacated and remanded. Plaintiffs paid claims...
Agreeing with the defendant that the trial court erred in imposing a $500 fine at sentencing when it was not part of the sentencing agreement, the court remanded for the trial court to correct the judgment of sentence by deleting the fine. It...
Concluding that the trial court did not comply with the procedures and requirements set forth in MCL 722.27b, which constituted clear legal error, the court vacated the order for grandparenting time and remanded for the dismissal of the...
Because there was sufficient evidence to establish by a preponderance of the evidence that the child (Kate) died as a result of criminal agency, the district court abused its discretion by refusing to bind the defendant over on the charge of open...
The court held that the trial court erred in treating the scope of a Disclaimer as a question that remained open on remand, that it departed from the law of the case, and that it clearly erred in finding clear and convincing evidence that...
Holding that the plaintiff-appellant failed to show that the release language in the real estate purchase agreement was invalid, the court affirmed the trial court's order granting the defendants-real estate agents and agency summary disposition on...
The trial court did not clearly err by interpreting the parties' divorce consent agreement as requiring that they equally divide their 2012 tax refund. The defendant-husband represented to the trial court and to the plaintiff-wife that their 2012...
Holding that the trial court properly granted the plaintiff summary disposition because the only alleged consideration for the modification of the parties' agreement fell within the preexisting duty rule and thus, could not be adequate...
The court held that the trial did not abuse its discretion by awarding the plaintiff-ex-wife 75% of her attorney fees incurred in the trial court proceedings, or by finding she could bear 25% of the costs, and the defendant-ex-husband 75%, as to...
Where the plaintiff sued defendant-HSBC Mortgage Services in an attempt to stop HSBC from foreclosing on his property, he could not rely on an LMA to give him a contractual right to an extension of his decreased monthly payment requirements. HSBC...
The court held that the trial court did not err by granting summary disposition for the defendant in this action involving an easement across the plaintiff-trustee's property. Plaintiff's predecessor-in-interest executed a land contract in 1970,...
Holding that the trial court did not abuse its discretion in denying the defendant's motion for a mistrial based on a witness's "unresponsive, volunteered answer" to a proper question, the court affirmed his AWIGBH conviction. It also concluded...
The court concluded that even if the trial court erred in finding untimely the defendant-property owner's objection to the plaintiff-city's proposed final amended default judgment, the error was harmless given that his objection was an attempt to...
The circuit court abused its discretion when it dismissed as untimely the plaintiff's appeal as of right from defendant-Peninsula Township Zoning Board of Appeals' decisions regarding requested dimensional variances (Count I) because the circuit...
The trial court properly suppressed the 15-year-old's confession to attempted murder after finding that she "did not knowingly, voluntarily, and intelligently waive her constitutional rights." The trial court viewed the videotaped interrogation. On...
The trial court did not err when it denied plaintiff-SPE's motion for partial summary disposition on its contract claim because the language in the parties' building contract was ambiguous, and there was evidence to show that the builder,...
