Consistent with case law, the court held that the sharecrop agreement with a nonparty farmer (S) "severed the crops from the realty and required that they be treated as goods or personal property," not as part of the realty. "It is not important...
The court held that while the trial court erred when it did not make specific findings as to the relevant Sparks factors, the error was harmless. In light of the totality of the circumstances, the court was not left with a firm conviction that the...
Holding that the trial court's decision to award the plaintiff-wife spousal support did not fall outside the range of principled outcomes and thus, was not an abuse of discretion, the court affirmed the judgment of divorce. The court noted that the...
The court concluded that the trial court did not make threshold findings as to the children's ECE and the impact of the new parenting-time schedule, and while it stated grounds warranting modification, it "failed to connect those findings to a...
The court held that the trial court did not err by granting summary disposition for the defendants-developers in the plaintiff-trustee's action for breach of a land contract. Plaintiff sued defendants claiming they breached the parties' land...
The court affirmed the trial court's judgment denying defendants-Beatrice, Kevin and Shannon's motion for summary disposition and granting summary disposition and quieting title to real property in favor of the plaintiffs-Usiondeks. It also...
The court held that defendant-Krebs's employment contract was not assigned to plaintiff-GLEI, and that even if it was, under its express language, the initial unauthorized assignment relieved Krebs of all liability and obligations arising under the...
The trial court properly terminated the respondent-mother's parental rights to the child where the statutory grounds for termination were established by clear and convincing evidence and termination was in the child's best interests. It did not...
Holding that the three-year limitations period applied to the plaintiff's nuisance claim, the court affirmed the trial court's order granting the defendant summary disposition. However, it remanded the case for consideration of plaintiff's request...
The trial court clearly erred in (1) failing to make any relevant findings and (2) by concluding that the parties' child's split time between the two homes precluded an ECE with either or both parties. Thus, the court vacated the trial court's...
Where the plaintiffs-parents (the Wenks) alleged that the defendant-high school services director (Schott) filed a child abuse report about the plaintiff-father in retaliation for their advocacy to change their daughter's IEP, the district court...
The court held that the trial court did not err by finding that the defendant-city wrongfully denied the plaintiff-road contractor's requested extensions of time, or by awarding only 10 days of liquidated damages. Plaintiff sued defendant for...
After remand, the court held that the trial court did not err by finding that an investment account awarded to the plaintiff-ex-wife was separate property, but did err by rounding her equalization award to $210,000. Thus, it vacated the award and...
Holding that the Guaranty was ambiguous, the court affirmed the trial court's rulings that Sable (a plaintiff in one of these consolidated appeals and a defendant in the other) was personally liable for the amount of the Promissory Note and sums...
The court held that the trial court erred by granting summary disposition for the appellee-estate because the appellant-MDCH provided the estate with timely notice when the estate sought Medicaid benefits. MDCH sought to recover about $110,000 in...
The court held the trial court clearly erred in finding that termination of both respondents-parents' parental rights was not in the child's best interests. Thus, it reversed the trial court's order denying the guardian's petition to terminate...
Given that the plaintiff filed her complaint outside the six-month redemption period, the trial court properly granted the defendants summary disposition under the authority of Sweet Air. Plaintiff's property was sold at a sheriff's foreclosure...
Holding that the operative facts did not constitute the same transaction for res judicata purposes, the court found that the trial court properly denied defendant-Waterfront's summary disposition motion based on res judicata. The trial court also...
The court held that the trial court did not err by entering a judgment of divorce ending the parties' five-year marriage. Shortly before trial, defendant-husband's attorney withdrew as counsel, and defendant represented himself the rest of the way....
The trial court did not err in evaluating the evidence and concluding that no ECE existed in either parent's home. The trial court also properly found a CIC, and the court found no error requiring reversal in the trial court's analysis of the...
The court reversed the trial court's order granting the plaintiff-condo association summary disposition and vacated the amended judgment awarding plaintiff attorney fees and costs. It also remanded for an order granting the defendants-condo owners...
Holding that the trusts at issue are not discretionary trusts, and thus, they are reachable by the state, the court reversed the order of the probate court holding that the State Treasurer could not reach the trust assets under the SCFRA, and...
Holding that the defendant did not show that she had a meritorious defense as required under MCR 2.603(D)(1), the court affirmed the trial court's denial of her motion to set aside the default entered against her in this foreclosure action. The...
The court affirmed the probate court order granting the appellee-PR's (petitioner) petition for revocation of benefits under Michigan's slayer statute. Based on the statutory provisions, the trial court did not abuse its discretion in concluding...
The trial court properly found that the parties equally contributed to the breakdown in the marital relationship and that property in Jordan was the defendant-ex-husband's premarital property. Also, it did not abuse its equitable discretion in...
Holding that there was no factual support for plaintiff's newly raised claim on appeal that former MCL 600.3204(4)(d) was violated, and rejecting his claim that former MCL 600.3205c(5) was violated, the court affirmed the trial court's order...
The court held that the trial court erred by granting summary disposition for the defendant-DNR because the plaintiff-township's CAP is being "used solely for wastewater conveyance, treatment or control" and consequently is not "waters of the...
The court held that the trial court did not err by finding that the DHS made reasonable efforts to reunify the respondent-mother with the children (AG and AL). It also held that statutory grounds supported terminating her parental rights, and...
Where the suspect's conduct gave the officers probable cause to believe he had a gun and posed a threat of serious physical harm, the district court erred by denying the defendants-officers qualified immunity on the plaintiff's Fourth Amendment...
In light of the record and the trial court's findings, the court could not conclude that the trial court abused its discretion when it awarded plaintiff-Durbin (mother) sole custody of the child. Also, the trial court did not make any legal error...
The court held that the trial court's amount and term of spousal support was not an abuse of discretion, and it did not err in modifying the child support order on remand. The parties divorced and the trial court ordered the plaintiff-husband to...
The court affirmed the trial court's judgment of foreclosure as to the real property at issue, holding that plaintiff-Deutsche Bank had standing to seek reformation of the mortgage instrument and that the trial court properly granted plaintiffs'...
The court held that the trial court did not err in granting sole custody of the parties' child to the defendant-mother, and its best interests findings were not against the great weight of the evidence. However, it erred by imputing income to the...
The court held that the trial court properly granted summary disposition for the plaintiffs and third-party plaintiffs in this dispute between adjacent landowners as to whether their property is divided by a single 33-foot easement or two 16.5-feet...
The court held that the trust's principal place of administration is in Florida, and that the trial court erred in concluding it had subject-matter jurisdiction. Appellee-JP Morgan, as successor trustee, was not allowed to transfer that principal...
The court held that the circuit court did not err by granting the defendant-trustee's motion to transfer the case to the probate court. As trustee of his mother's trust, defendant executed a promissory note with the plaintiff, his brother, which...
Concluding that the acceptance clause in the purchase agreement created a condition precedent, the court held that pursuant to the precise wording of the clause, the sellers' "approval or disapproval of the land contract had to be related to the...
On remand from the Michigan Supreme Court, the court again affirmed the trial court's judgment for the plaintiffs following a bench trial, holding that they rebutted the presumption in MCL 487.703. The case arose from a dispute among siblings over...
The court held that the trial court did not err by ruling that the beach at issue was not public, but should have vacated certain of the platted roads in their entirety. The plaintiff-township sued the defendants-property owners seeking to settle...
Holding that the plaintiffs lacked standing to challenge the mortgage assignment, and that even if they had standing, summary disposition was appropriate on the merits of their quiet title claim, the court affirmed the trial court's order granting...
