Browse Our Blog for Knowledge on How to Protect Yourself Legally and to See Examples of How We've Achieved Results

Court enforces prescriptive easement for seasonal use of dock.

In this property dispute, plaintiffs filed suit against defendant to enforce a prescriptive easement that allows plaintiffs to place and use a seasonal dock.Plaintiffs are the successors in interest to plaintiff's mother, who acquired the property...

Court properly divided the financial assets of marriage, but erred in items of personal property.

Plaintiff appeals the judgment of divorce that awarded defendant 50% of the equity in the marital home, all of workers' compensation benefits, and certain personal property items. Court affirmed the trial court's division of the financial assets of...

Speeding and running red lights indicates willful disregard for the safety of persons

Court affirms that speeding and running red lights constitutes reckless driving and indicates willful and wanton disregard for the safety of persons or property.Defendant was convicted of reckless driving causing death and serious impairment of a...

Guardianship laws in the U.S.

Any person named in a will or chosen by the court of law to make important decisions for another person is called a guardian. The person who the guardian is responsible for is known as the 'ward' and cannot make certain decisions. Guardians might...

Court affirmed termination of father's parental rights.

Michigan Court of Appeals affirmed that termination of father's parental rights was in the child' best interests.The caseworker testified that the father never met the child because he was continually incarcerated during the child's entire life....

Parents of minor children should consider writing a will

Parents of young children frequently have to juggle schedules and make plans to continue to provide for the kids, while keeping involved in their extracurricular interests. Dreaming about the future is an added value for parents who think about the...

Sober people may have trouble passing field sobriety tests in Michigan

People can be arrested for drunk driving after a field sobriety test even if they were sober. Field sobriety tests may be difficult to pass.Many Michigan residents celebrate this time of year by attending parties or having drinks with friends. As a...

Michigan's laws and penalties relating to drunk driving

People who live and drive in Plymouth, Michigan should learn the state's laws and penalties for drunk driving offenses and related charges. People who live and drive in Plymouth, Michigan know that the state takes any charge of drunk driving very...

For the first time, the Court of Appeals held that the decedent's unsigned will could be admitted to probate.

The Court of Appeals held that "MCL 700.2503 permits the admission of a will to probate that does not meet the signature requirement in MCL 700.2502(1)(b), as long as the proponent establishes by clear and convincing evidence that the decedent...

In an issue of first impression, the court held that a support order is irrelevant in determining whether a child who has turned 18 but is still attending high school is residing on a "full-time" basis with the support payee

In a published case, the Court of Appeals reversed the trial court's order to the extent it ruled that compliance with the parenting time order constituted "full-time" and remanded for it to consider (where relevant) the Workman factors in...

A court can't increase parenting time without reviewing the best interest factors.

The court agreed with plaintiff that the trial court erred in failing to consider whether the change was in the child's best interests, noting it "failed to make reviewable findings of fact regarding whether a modification of defendant's parenting...

Four ways to be ready with long-term healthcare plans

The older we get, the faster time seems to go. Often people are too busy with the needs of today to think about planning for the future. By the time you retire or need extensive medical care, you may be ineligible for long-term health insurance...

The court held that the plaintiff created a triable question of fact that the defendant complex management company violated its statutory covenant that the common area where plaintiff slipped and fell on ice was "fit for the use intended by the parti

Thus, it affirmed in part, reversed in part, and remanded. Plaintiff sued defendant for injuries she sustained when she slipped and fell on ice in a common area of the apartment complex where she resided. The trial court summarily dismissed her...

The court held that the trial court properly terminated the respondent-adoptive grandmother's parental rights to the child where at least one statutory ground for termination existed and it was in the child's best interests.

The trial court terminated respondent's parental rights on the basis that she exposed the child to harm, including allowing improper contact with adult guests, including the child's biological mother, who had previously violently abused the child,...

Holding that the plaintiff complied with the notice requirements of MCL 691.1404(1) , the court reversed the trial court's order granting the defendants summary disposition on the basis of governmental immunity, and remanded.

Plaintiff alleged that she was injured "when she fell over the sheer edge of an excavated hole created by defendants." The trial court found that her failure to personally sign the notice letter was a "fatal defect." On appeal, the court concluded...

Being proactive can help your loved one with Medicaid eligibility

When you're thinking of long-term healthcare for an elderly loved one, you need to be aware of the laws in Michigan. Medicaid, for example, has very strict guidelines for who can and can't qualify. Residents over the age of 65 or people with...

The court held that the trial court did not err in its distribution of the marital property, its spousal support order, or its decision to impute income to the plaintiff to calculate the amount of child support the defendant was required to pay.

The parties divorced and the trial court handled the distribution of property as well as spousal and child support. On appeal, the court rejected plaintiff's argument that the trial court's distribution of the marital property was not equitable....

Concluding that the trial court clearly erred in finding that a latent ambiguity existed in the deed and in reforming the deed, the court reversed the order granting the intervenor's petition to reform the deed & remanded for entry of summary disposi

A residence was conveyed to the decedent, Lyle F. Steiner, and the intervenor, Steven M. Steiner (Lyle's son). Years later, when Lyle passed away, Steven was appointed PR of Lyle's estate. "DHHS filed a claim against the estate for unpaid Medicaid...

What to consider if you inherit someone's home

If you have elderly relatives who still live in their homes, they probably rely on you for a number of things; whether it is to help them to doctor’s appointments or to ensure that they don’t sign off on dubious documents. For as much help as...

Applying the Dairyland/Workman factors, the court held that there was no genuine issue of material fact that the plaintiff was not domiciled with the defendant's insured (plaintiff's mother) at the time of the accident.

At age 22, Plaintiff moved to Florida with her boyfriend in 6/12. "During her testimony, plaintiff repeatedly referenced 'moving' to Florida and 'visiting' in Michigan." She signed a lease for a duplex in Florida "and lived there with her boyfriend...

Holding that the uneven pavement on which the plaintiff tripped and fell was open and obvious as a matter of law, the court affirmed the trial court's order granting the defendant summary disposition in this premises liability action.

Plaintiff fell when exiting defendant's store, tripping on "what she described as 'uneven' pavement." The court noted that she made no effort "to identify any unique circumstances that would render such an open and obvious condition unreasonably...

Holding that the trial court did not clearly err in finding that §§ (b)(ii), (g), and (j) were established by clear and convincing evidence, the court affirmed the order terminating the respondent-mother's parental rights.

Respondent-mother admitted that her son (WB) sexually abused the children at issue in this case (her daughters, AT and HK), but asserted that there was no evidence she "had an opportunity to prevent the abuse." The court found her argument...

Holding that the trial court did not clearly err in finding that terminating the mother's parental rights was warranted under §§ (g) and (j), the court affirmed the termination order.

The children "were placed in protective custody after respondent used inappropriate physical discipline on her son and authorities discovered that respondent's home lacked food and sleeping accommodations for the children." The trial court ordered...

The court held that the circuit court improperly awarded sole custody of the parties' child to the father absent a best-interest analysis, and should have continued the child protective proceedings as the mother pleaded to jurisdictional grounds.

As the mother's case proceeded, the circuit court placed the child in the father's custody, and instead of continuing the matter so respondent could engage in services and work toward reunification, it completely dismissed the child protective...

The court concluded that the trial court erred in not considering the defendant-father's rental profits and payments made to his second wife in calculating his income for 2014, and that evidence had come to light impeaching his hearing testimony.

Concluding that the ex-husband was engaging in an impermissible collateral attack on their consent divorce judgment, the court also rejected his challenges to the trial court's order holding him in contempt.

Plaintiff was awarded 50% of defendant's retirement pay, or "disposable military retired pay," as calculated based on his creditable military service during the marriage. They also agreed to an "offset provision," which was designed to "address a...

The court held that the trial court did not err in finding there was an ECE in both parties' individual households, or in applying a clear-and-convincing-evidence standard when determining whether there should be a change in physical custody.

Agreeing with defendant-Allstate that the trial court erred in granting plaintiff-Ruben's motion for relief from the final judgment's no-appeal provision, the court vacated the portion of the order granting Ruben relief, and remanded.

Intervening plaintiff-Badgett was entitled to no-fault benefits from Allstate. After a "jury trial involving a dispute over Ruben's charges to Allstate for medical services and products provided to Badgett, the parties entered into a final judgment...

Concluding that the probate court's refusal to set aside the judgment was harmless, the court found no basis for reversing the denial of the petitioner's motion to set aside the judgment in this will contest.

Petitioner, the decedent's son, asserted that the decedent executed a will leaving almost the whole estate to him. Respondent, the decedent's daughter, contended that he "forged the document he wished to enter into probate, and thus that the...

The court held that the trial court erred by granting summary disposition to defendant on the plaintiffs' claims of adverse possession, prescriptive easement, and easement by necessity.

Plaintiffs filed suit to quiet title to a circular driveway that runs through property owned by one of the defendants and provides access to property currently owned by the trust. On appeal, the court agreed with plaintiffs that by virtue of...

After remand, in which the court instructed the trial court to reevaluate its best-interests determination in light of the children's placement with a relative, the court held that the trial court complied with its remand instructions, and affirmed.

On appeal, the respondent offered two claims of error as to the trial court's decision to terminate respondent's parental rights to CC and AC. First, respondent argued that the trial court clearly erred by finding that termination was appropriate...

Holding that the jury's decision to award the plaintiff no noneconomic damages was grossly inadequate and against the great weight of the evidence, the court reversed the trial court's order denying her noneconomic damages and remanded for a new tria

Plaintiff was seriously injured when she and the defendant collided while skiing. The jury declined to award either economic or noneconomic damages, even though it found defendant 50% negligent. The trial court found that the verdict as to economic...

Holding that the trial court committed clear legal error by failing to make findings as to several disputed issues, the court vacated the trial court's PT modification and remanded the case for reconsideration of the contested best-interest and PT fa

Plaintiff-mother appealed a final order closing the case in this child support and parenting time dispute. However, her issues on appeal related to the trial court's prior order granting the defendant-father out-of-state parenting time. Plaintiff...

Holding that a custody agreement existed between the plaintiff-father and the defendant-mother, but that the trial court failed to adequately consider the child's best interests before it entered the custody judgment, the court vacated and remanded.

The parties had a child together, but never married. They entered into a mediated parenting time and custody agreement. Defendant later objected to the agreement and requested a best interests hearing, which the trial court denied. On appeal, the...

Whether allowing the Department of Health & Human Services (DHHS) to recover for Medicaid benefits that were received prior to the notice violated constitutional & statutory protections.

Prior to her death in 1/14, Angeline LaMarche received $107,310.76 in Medicaid benefits. After she passed away, the DHHS pursued recovery in that amount against the estate. On appeal, the estate again argued that allowing the DHHS to recover for...

The trial court properly terminated the respondent-mother's parental rights to the child where the statutory grounds were established by clear and convincing evidence and termination was in the child's best interests.

The trial court assumed jurisdiction because she was mentally unstable and unable to provide consistent care. She failed to benefit from mental health services. Although respondent's case manager (R) gave generally favorable testimony, he also...

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

Respondent's argument focused on the fact that he was released from prison prior to the termination hearing. He claimed he was now prepared to parent the children, or would be prepared to do so soon. The record indicated otherwise. As it related to...

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 respondents-parents' parental rights to the child where at least one statutory ground for termination existed and it was in the child's best interests.

The trial court terminated their rights based on their abuse of the child's sibling and/or failure to protect her from the other parent's abuse. On appeal, the court rejected respondent-mother's argument that termination was inappropriate because...

Page: 1 2 3 4 5 6 7 8 9 10 11 12 131415 16 17 18 19 20 21 22 23 24 25 - All