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 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...
Plaintiff sued defendant for injuries he sustained when he was struck by an automobile as he was removing groceries from the trunk of another automobile. The trial court ruled for defendant, finding that because plaintiff "was not 'occupying' the...
Defendant was convicted of OWI causing death and sentenced to one year in the county jail for killing a bicyclist with his car. The prosecution argued that the trial court erred in imposing an unreasonable sentence of a year in the county jail...
The Court of Appeals affirmed the order terminating her parental rights. It was undisputed that more than 182 days passed between the initial dispositional order and the termination order. "During that time, respondent did not comply with any...
Given the length of the case and his "noncompliance, lack of accountability, and his substance abuse issues-including multiple relapses when he was close to reunification- there was not a reasonable expectation that he would be able to provide...
Norman argued that the trial court's finding of an ECE with Curtis was against the great weight of the evidence, meaning that the trial court erred by applying a clear and convincing standard as opposed to a preponderance of the evidence standard....
The decedent maintained checking and savings accounts. Shortly before his death, while he was hospitalized and unable to communicate, appellant-Claudette Greenhoe deposited an inheritance check that the decedent received in his savings account. The...
She agreed that the DHHS was not required to provide services because termination was sought in the initial petition. However, she contended that she should have been provided with services toward reunification because she "seemed ready, willing,...
Before the child was born, respondent (at the age of 18) pleaded guilty to CSC I. The victim was his nine-year-old cousin. Petitioner testified that she learned the facts of respondent's conviction after she gave birth to the child, and broke off...
After being arrested during a traffic stop, defendant-Calvetti signed her Miranda warnings, acknowledging that she knew her rights and indicating that she "did not want to answer questions." She argued that the DEA agent's continued questioning...
He argued that the court should "dispense with" the Strickland prejudice inquiry and "presume prejudice" under Cronic, which provides an exception to a prejudice inquiry "where 'the likelihood that any lawyer, even a fully competent one, could...
In the divorce judgment, plaintiff was awarded the home, and defendant was awarded a 50% equity interest in the home. The judgment also covered the parties' various other obligations. Shortly before the divorce, defendant entered into a written fee...
The case involved plaintiff's challenge to an amendment of the Trust that disinherited him. Both plaintiff and defendant-Paul M. Lubienski (secondary successor trustee) jointly argued that the circuit court erred in concluding that it lacked...
Concluding that the trial court should have applied Haab as clarified by Widmayer, the court reversed the grant of the defendants' summary disposition motion and denial of the plaintiffs' motion for partial summary disposition on the issue of the...
The legally incapacitated person at issue, Mary Janet, was the parties' mother. Appellee, her son, was appointed her guardian and conservator. Appellant, her daughter, sought to modify the conservatorship by removing appellee as conservator and...
The plaintiff-wife challenged the trial court's order finding her in contempt on two grounds. First, she contended that the trial court clearly erred in concluding that she willfully disobeyed its orders requiring that her children be afforded...
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...
