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In this case defendant (father) appeals the trial court denying his motion to modify custody of the parties’ three minor children.

In instances of trespass where injunctive relief and actual damages are not warranted, a plaintiff nevertheless is entitled to nominal damages. Because a trespass violates a landholder’s right to exclude others from the premises, the landholder could recover at least nominal damages even in the absence of proof of any other injury.

Under the Michigan Medical Marijuana Act, both an immunity provision (Section 4) and an affirmative defense provision (Section 8) offer protection against prosecution for the medical use of marijuana.

The Michigan Supreme Court found that defendant's private driveway was an area generally accessible to motor vehicles. Because defendant allegedly operated a motor vehicle in his driveway while intoxicated, this was probable cause for OWI.

Being arrested in Michigan is certainly not going to be a fun experience no matter what, but it can be easier when you understand exactly what will happen and why. Find out more about how you can get out of jail by posting bond.  What are...

Defendant appeals his conviction of unlicensed residential builder. The trial court sentenced to 18 months’ probation, and $6,300 in restitution.

Plaintiff ex-wife appeals trial court’s order awarding defendant ex-husband over $22,000 in attorney fees and costs incurred by defendant in addressing plaintiff’s contempt of court for violation of the parties’ divorce judgment.

The marijuana was found in his car’s trunk during a search that followed from a police dog alerting to the marijuana’s smell. Defendant argues that the trial court erred in finding that the search did not violate his rights under the Fourth Amendment.

Defendant argues that the trial court’s 60/40 distribution of the marital estate in plaintiff’s favor was inappropriately punitive. According to defendant, the trial court placed a disproportionate amount of weight on the parties’ respective fault, while ignoring defendant’s significant financial contributions to the marital estate.

When a child is in relative placement, a trial court must explicitly address whether termination is appropriate in light of the children’s placement with relatives.

A license to access a lake is a mere permission to do some act or series of acts on the land without having any permanent interest in it.

The trial court’s opinion and order terminated respondent’s parental rights to the minor child under MCL 710.51(6) (failure to comply with a support order for two years or more and failure to visit, contact, or communicate with the child for two years or more).

When dividing property in a divorce, trial courts must first determine marital and separate assets.

The Fourth Amendment has drawn a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not reasonably be crossed without a warrant.

Beneficiaries are entitled to contest the probate of the will. It is important that your will clearly state your intentions.

Plaintiff, age 67 at the time of divorce, and defendant, age 59 at the time of divorce, were married for 23 years. The judgment of divorce provides for a division of property. Defendant appeals arguing that the trial court erred in determining the...

Since the first smartphones were introduced nearly a decade ago, there has been a gradual shift from widespread use of traditional paper documents to digital documents. If you need proof, consider that most people have plane tickets on their phones,...

Plaintiff sought an increase in child support, claiming the defendant-father's income had increased substantially, which constituted a change in circumstances. In July 2015, plaintiff filed a motion to modify child support. In that motion,...

We all know that divorce is not easy, no matter how ready you may be to get out of a troubled marriage. There are certainly emotional hurdles to overcome as you move on with life, and the financial hurdles may take longer to get over than you may...

If you do not already have an estate plan in place, you likely have many questions about the wide range of legal tools that may be available for your interests. Some people believe that a basic will is all that is needed to create an effective...

Defendant appeals as of right his conviction, following a jury trial, of possession with intent to deliver marijuana. Defendant first contends that the trial court erred in excluding evidence relating to his debilitating medical condition, as well...

The parties were divorced on March 22, 2010, and agreed to share joint legal and physical custody of their two minor children through a consent judgment of divorce. Then, on May 4, 2010, plaintiff gave physical custody of the children to defendant...

Most of us dread the sight of flashing emergency lights behind us, signaling us to pull over. This generally means that a citation is imminent. But in some situations, law enforcement may want to take things a step further and ask us to “exit...

The probate court denied a petition for formal proceedings. The petition further identifies the petitioner as a "creditor" of the estate and states that "Litigation against the Estate is pending." Appellee is the widow and was...

Washtenaw Probate Court. The dispute in this case involves the meaning of the term "then beneficiary" in the Trust. This term defines the party or parties who are entitled to vote on the removal of a trustee and the appointment of a...

You create an estate plan to make sure your heirs and beneficiaries are taken care of in the event you are no longer able to. You may also do so to minimize the bickering and infighting that may come between surviving family members who may have...

Defendant appeals the trial court's order denying spousal support. Defendant argued that the trial court should have conducted a spousal support review and that any language restricting the modification of spousal support in the judgment must be...

The defendant argued that the court erred because Officer's stop of his vehicle violated the Fourth Amendment. Officer pulled defendant over, and when he approached the vehicle, he smelled alcohol and saw that defendant's eyes were glassy...

With the federal income tax filing deadline coming this week, it is a good time to talk about taxes and how they may apply to estates. While federal estate tax applies to few estates (i.e. those valued at more than $3.5 million), it continues to be...

Defendant and plaintiff are the parents of twin girls who were born in 2007. The parties were never married. They lived together for approximately four years after the children were born, but separated in March 2011. There is no dispute that...

The decedent died intestate in February 2014 at the age of 84. His wife had died in 1999. Decedent was survived by three sons: (Paul), petitioner and personal representative (Mike), and respondent (Greg). Decedent and his wife opened a joint account...

Plaintiff purchased a house. The "Bank" foreclosed on the property. Plaintiff approached his uncle, Defendant, and asked him to purchase the property on his behalf from the Bank and then sell the property back to him for the same price...

Plaintiff-mother appeals, contesting the trial court's awarding both parties joint physical and legal custody of their child. The trial court divided parenting time equally. Plaintiff-mother initially argues that the trial court erred in...

If your child is getting ready to graduate from high school this spring, you are probably amazed with how quickly the years have gone by since they first started kindergarten. This also means that you are getting older too, and you have probably...

If you have been charged with a crime, it is essential to know how strong the government’s case is against you. Indeed, you may think the state has a flimsy case and has a snowball’s chance to prove you guilty beyond a reasonable doubt,...

Defendant was arrested after being found intoxicated in the parking lot of an apartment building in Michigan. The Public Safety Sergeant responded to the scene. After conducting an investigation and speaking to witnesses, Safety Sergeant concluded...

Plaintiff and defendant were married in 1995 when they were in their mid-50s and after both of their first marriages ended. At the time of marriage, defendant had an IRA valued at approximately $800,000. After three years of marriage, due to a...

Plaintiff filed for divorce, after a marriage of almost 33 years. Defendant was employed as a gas mechanic. Plaintiff previously worked part time for school districts for approximately 11 years, cut hair for several years, and worked as a...

While we focus most of our estate planning posts on protecting assets and preparing beneficiaries for transfers of wealth, it is also important to focus on protecting those loved ones who are vulnerable. They may include elderly family members who...

In order to convict defendant of operating while intoxicated under MCL 257.625(1), the prosecution must prove beyond a reasonable doubt that:(1) the defendant operated a motor vehicle(2) on a highway or other place open to the general public or...