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

The court held that the trial court did not err by awarding the defendant-mother's costs & attorney fees incurred in her defense of the plaintiff-father's motion to hold her in contempt for violating MCL 552.603b.

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...

The court held that the trial court erred by awarding attorney fees to the defendant-father.

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 trial court properly concluded that defendants failed to establish they held an easement by necessity, a quasi-easement, or an easement by prescription.

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...

The Court of Appeals held that the defendants weren't entitled to an affirmative defense under § 8 because neither of them served as a "primary caregiver" or "patient" when they operated the cooperative growing operation & medical marijuana dispensar

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...

The Court of Appeals affirmed the amended divorce judgment awarding half of the defendant-ex-wife's severance package to the plaintiff-ex-husband even though they were separated when the severance was given.

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...

The court held that the trial court erred by ruling that a document that purported to be the decedent's last will and testament was not a valid holographic will.

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...

Holding that the trial court properly found at least one statutory ground for termination and that termination was in the best interests of the children (JW and AW), the court affirmed termination of the respondent-mother's parental rights.

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...

Holding that the respondent-mother's plea was knowingly, understandingly, and voluntarily made, the court affirmed the trial court's order authorizing a guardianship over the children pursuant to MCR 3.979(B).

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...

The court affirmed the trial court's dismissal of plaintiff's breach of contract claim and reversed the denial of defendant's motion for summary disposition of plaintiff's remaining claims.

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...

The court held that the jury's verdicts were not against the great weight of the evidence, that the prosecution did not commit error, and that the defendant was not denied the effective assistance of counsel.

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...

The court held that the trial court properly terminated the respondent-mother's parental rights to the children, and the respondent-father's parental rights to one of the children, where at least one statutory ground for termination existed.

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...

The court held that because reasonable reunification efforts were made, providing the respondent-mother with a meaningful opportunity to participate in the proceeding, the DHHS did not violate her due process rights.

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 court held that the trial court did not err by denying the defendant's motion seeking custody of and parenting time with the plaintiff-father's son.

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 court held that the probate court erred when it applied principles of preclusion to petitioner-Bibi's petition and the circuit court erred when it affirmed the probate court's order.

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...

The court concluded that the trial court did not err in finding that the defendant-wife "satisfied the residence requirements of MCL 552.9(1) under the specific circumstances of this case."

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 held that Defendant, who assaulted his neighbor with a machete over "uncollected dog deposits," unsuccessfully challenged his five-year sentence for violating the terms of his supervised release when he admitted to violating a state

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...

The trial court properly terminated the respondent-father's parental rights to the child where at least one statutory ground for termination was established by clear and convincing evidence and termination was in the child's best interests

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...

Because the respondent-mother was found to be unfit as a parent and because her rights yielded to the State's interest in protecting the child, her constitutional rights as to the child were not violated, and there was no plain error.

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...

The court held that the trial court did not err by granting summary disposition for the defendant-loan servicer on the plaintiffs' claims seeking to enforce a loan modification agreement.

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...

Concluding that the evidence did not support the claim that the victim (M) was in the process of breaking or entering when the defendant shot her, the trial court did not abuse its discretion in denying his request for a self-defense jury instruction

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...

Concluding that the appellate record was insufficient to determine whether the underlying support agreements were valid, the court could not determine whether the trial court abused its discretion by denying modification of the agreements.

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...

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

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,...

Holding that the totality of the circumstances indicated that the photo lineup was not unduly suggestive, the court upheld the trial court's denial of the defendant's motion to suppress the victim's in-court identification and affirmed his conviction

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...

The court held that because established Michigan law does not recognize the purported "cousins by marriage" relationship between the plaintiff and the insured, the trial court erred in holding that Plaintiff was entitled to PIP benefits.

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,"...

The court held that the fire-lane fee simple interest was intended to be held by defendant-Judy Queen. The court also held there was an ambiguity as to whether the lake-access language contemplated a dock.

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...

The trial court properly terminated both 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 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 Court of Appeals held that the trial court did not err by denying the defendant-ex-wife's motion for spousal support on the ground that it was premature according to the terms of the parties' consent JOD.

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...

Concluding that the trust at issue was unambiguous, the court affirmed the trial court's order granting summary disposition to the appellees on their claims that the surviving settlor could not modify the trust at issue after the death of the other s

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 Court of Appeals held that the trial court did not err in determining that the plaintiffs-property owners' quiet title action against the defendants-neighboring property owners was frivolous.

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...

Holding that a factual question remained as to whether the defendants-doctors' (Dr. Mittal and Dr. Badawi) alleged negligence was a proximate cause of the plaintiff's injuries, the reversed the trial court's grant of summary disposition for those de

Given the trial court's reliance on record evidence supporting its findings under the best-interest factors of MCL 722.23, the Court of Appeals found no abuse of the trial court's discretion in granting physical custody to defendant-Govitz (father).

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 Court of Appeals held that the trial court erred in concluding that the proceeds from the sale of the "Crystal Valley property" were plaintiff's (ex-husband) separate property. The case was reversed and remanded.

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 trial court erred in finding that the alleged land contract violated the SOF because it lacked the defendant-son's signature and that defendants should be permitted to amend their complaint.

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...

Holding that the respondent-mother failed to establish that she was entitled to appellate relief, the court affirmed termination of her parental rights to the children.

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...

Holding that the trial court properly granted the defendants summary disposition under the GTLA as to the plaintiff's tort claims, that there was no question of fact as to whether they were unjustly enriched by collecting the fees at issue.

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...

The Court of Appeals held that the trial court did not commit clear legal error or infringe upon the defendant-mother's Second Amendment right when it considered her actions with her firearm in its findings and analysis under factor (l).

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...

The Court of Appeals held that the trial court erred by granting the defendant-putative father's motion to set aside a default judgment establishing his paternity of the plaintiff-mother's child on the ground that it lacked subject-matter jurisdictio

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...

The Court of Appeals held that the trial court did not err by finding the decedent's (J) will valid.

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...

Holding that the trial court clearly erred in adjudicating the respondent-mother as unfit, the Court of Appeals vacated the trial court's order terminating her parental rights to the child (KLA) and remanded.

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...

The trial court did not clearly err in its factual findings or abuse its discretion in the imputation of income, and the spousal support awarded was not inequitable under the circumstances.

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...

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