It also held that the trial court did not err in refusing to suppress the evidence merely because the affidavit did not establish that defendant was not entitled to the immunity defense. He was convicted of possession with intent to deliver...
Plaintiff was a passenger in defendant's truck when defendant lost control of it and crashed into a median, causing plaintiff to suffer serious injuries. He sued defendant for failure to maintain equipment and negligent driving. He later amended...
Defendant argued that the trial court erred when it made its threshold determination that proper cause or a Change Of Circumstance did not exist to warrant revisiting the issue of custody. The last custody order was entered on 10/8/14 by consent of...
Also, it did not err by excluding evidence that Detective M presented a marijuana patient card. It did not abuse its discretion in admitting evidence of marijuana, scales, and packaging found at defendants' house. Further, there was sufficient...
The court held that the plaintiff-mother failed to establish grounds to change the child's domicile pursuant to MCL 722.31(4). Thus, the trial court did not have to reach her motion to take primary physical custody or analyze the statutory best...
The court held that the trial court did not err by allocating two assets to the defendant-ex-husband without including their value in the marital estate. However, it noted that based on the trial court's failure to make findings on the Sparks...
The Talamore for Three Trust became an owner of the property in 1/14. Petitioner was the trustee of the Trust and co-owner of the property. His 2/14 documents only showed that he rented a trailer that was delivered to Muskegon. His 4/14 receipts...
Plaintiff sought coverage for replacement services for 3/13, such as driving and running errands, after he was injured in a car accident. Defendant denied his claim, noting surveillance video showed him driving, lifting objects, and running...
The basis of his conviction was the seizure of hundreds of GM knockdown containers from his warehouse. He argued that there was no evidence that the containers were stolen because "(1) 52 of the containers recovered were provided by GM and (2)...
The referee presumed that plaintiff was a fit parent, but found petitioner had overcome the fit-parent presumption. The referee based her finding on the fact that an FOC report recommended grandparenting time. First, the court noted that the...
During a repair to its water line, plaintiff discovered that the line also served defendant's property. Plaintiff sought a declaratory ruling that defendant had no right to its water line and that plaintiff could remove defendant's connection. The...
The defendant-ex-husband argued that the trial court's division was inequitable and was based on the trial court's disproportionate assignment of fault. Although the trial court found that he was primarily at fault for the breakdown of the...
C stopped the car defendant was driving because it did not have a metal registration plate. When he pulled the car over, he saw a piece of paper on the left side of the rear window, but he could not read it. Asked to produce his identification,...
He was convicted of racketeering, armed robbery, five counts of felon in possession, five counts of felony-firearm, and four counts of bank robbery, arising out of a series of armed robberies. The trial court sentenced him as a fourth habitual...
He was sentenced as a fourth habitual offender to 3 to 6 years' imprisonment for Operating a vehicle While Intoxicated third offense and a concurrent term of 6 months' imprisonment for driving while license suspended. Defendant conceded that the...
He was convicted of domestic violence, third offense. The other acts involving defendant's wife (N) fell within the scope of MCL 768.27b, as the described conduct easily fell within the definition of domestic violence. Similarly, the other acts...
She was hit from behind by a pickup truck. Plaintiff argued that (1) she proffered documentary evidence that showed a genuine issue of material fact for trial, (2) the trial court failed to view the evidence in the light most favorable to her, (3)...
The parties were in a motor vehicle accident. Plaintiff sued defendant, claiming to have sustained a serious impairment of a body function as a result of the accident. Defendant moved for summary disposition on the basis plaintiff did not suffer an...
The plaintiff-ex-husband argued that the trial court's division of the marital estate was inequitable because the defendant-ex-wife received a car and a share of his retirement and pension benefits, while he was encumbered with the entire amount of...
The case arose from the plaintiffs' sale of three commercial lots to defendant-RAAW Enterprises by land contracts. Defendant-RAAW Management later executed a promissory note to a bank. Guaranty agreements were also executed. As security for the...
The issue was whether old-age social security benefits payable pursuant to § 402 are "tangible things of economic value" as the term is used in MCL 500.3108(1) and thus, can be considered in a calculation of survivors' loss benefits under the Act....
Plaintiff claimed he was under no obligation to state in his complaint that there were minor children from the parties' first marriage. MCR 3.206(A)(5)(b)'s two categories-"'whether there are minor children of the parties' and 'minor children born...
Her argument that the trial court erred for the sole reason that she had a constitutional right to parent her children is without merit. She contended that there were no drug use, lack of housing, or lack of income issues. Her assertions as to drug...
Defendant-Sawyer was prosecuted for failure to comply with the NESHAP for asbestos when salvaging a former industrial site. The court first determined that he waived his right to appeal his sentence under the terms of his plea agreement; thus, it...
Ferrari worked under restrictions for Ford for several years before he sought an opportunity to enter Ford's apprenticeship program. The company doctor that examined him (B) declined to lift his work restrictions, finding that in addition to his...
Plaintiffs alleged that the defendants were negligent for failing to advise them as to the adequacy of their renter's insurance, specifically as it related to the plaintiff-husband's tool collection. The policy at issue, under the heading "Special...
Plaintiff sued defendants for injuries she sustained when she slipped and fell on ice in the driveway of her apartment. The trial court granted summary disposition for both defendants. As to Avalon, it found that the conditions were open and...
He was convicted of second-degree murder, Felon In Possession, and felony-firearm. He argued that his confession was not voluntary and thus, was inadmissible. However, the court disagreed. Defendant told the officers that he was 25 years old and...
The defendant-father challenged the trial court's findings that child's Established Custodial Enviornment (ECE) was with plaintiff alone. The trial court correctly articulated the standard, set forth in MCL 722.27(c). There was no dispute that the...
Hogan's first ERISA claim, challenging the insurance company's denial of ERISA benefits, was denied because the decision was not arbitrary or capricious. While that case was on appeal, she filed a negligence case in state court, suing the two...
As to § (c)(i), the record reflected that more than 182 days elapsed between the entry of the initial dispositional order and the termination hearing. It likewise reflected that respondent failed to adequately address the conditions that led to...
The parties-siblings disagreed as to the terms of their father's trust, which included a 300-acre farm. During their dispute, Daniel claimed that a settlement agreement between them did not preclude him from seeking compensation and reimbursement...
Plaintiff argued that the trial court clearly erred when it awarded defendant $5,700 for her share of the Harley. He contended that the parties had an agreement as to the Harley, pursuant to which he would be awarded the Harley and defendant would...
Walter and Yvonne Massie established the trust in 1995. The only asset in the trust was their home. Petitioners charged that Juzenas was required to provide them an accounting every year beginning in 2009, and was required to provide notification...
First, he incorrectly argued that he was not required to present evidence as to PC or a CIC because the trial court's initial custody decision was based on an agreement between the parties. "A negotiated settlement agreement 'does not diminish the...
Plaintiff argued that the trial court erred in denying his motion because the parties previously acknowledged that he is the child's biological father. He also contended that the trial court erred in denying his request to order that the parties...
Petitioner disputed the respondent-city's valuation of her property for the 2014 tax year. The TT affirmed the valuation. On appeal, the court agreed with petitioner that by concluding its meetings on March 7, respondent's MBOR failed to comply...
The Court of Appeals affirmed the trial court's order terminating his parental rights to the children pursuant to his voluntary release of parental rights under the Adoption Code. In 2015, he testified that he wanted to release his parental rights...
The parties entered into a purchase agreement for the defendants to sell the plaintiffs a parcel of land in exchange for $101,000 and a 1950 pickup truck. The trial court found that defendants wrongfully retained possession of the truck after the...
The parties raised several issues as to whether certain property was separate property or marital property subject to division. The defendant-ex-wife argued that her premarital Gentex stock was erroneously classified as marital property. The trial...
