The court held that the trial did not abuse its discretion by awarding the plaintiff-ex-wife 75% of her attorney fees incurred in the trial court proceedings, or by finding she could bear 25% of the costs, and the defendant-ex-husband 75%, as to...
Where the plaintiff sued defendant-HSBC Mortgage Services in an attempt to stop HSBC from foreclosing on his property, he could not rely on an LMA to give him a contractual right to an extension of his decreased monthly payment requirements. HSBC...
The court held that the trial court did not err by granting summary disposition for the defendant in this action involving an easement across the plaintiff-trustee's property. Plaintiff's predecessor-in-interest executed a land contract in 1970,...
Holding that the trial court did not abuse its discretion in denying the defendant's motion for a mistrial based on a witness's "unresponsive, volunteered answer" to a proper question, the court affirmed his AWIGBH conviction. It also concluded...
The court concluded that even if the trial court erred in finding untimely the defendant-property owner's objection to the plaintiff-city's proposed final amended default judgment, the error was harmless given that his objection was an attempt to...
The circuit court abused its discretion when it dismissed as untimely the plaintiff's appeal as of right from defendant-Peninsula Township Zoning Board of Appeals' decisions regarding requested dimensional variances (Count I) because the circuit...
The trial court properly suppressed the 15-year-old's confession to attempted murder after finding that she "did not knowingly, voluntarily, and intelligently waive her constitutional rights." The trial court viewed the videotaped interrogation. On...
The trial court did not err when it denied plaintiff-SPE's motion for partial summary disposition on its contract claim because the language in the parties' building contract was ambiguous, and there was evidence to show that the builder,...
The court concluded that the plaintiffs failed to provide any admissible evidence to sufficiently counter the defendants' evidence that they electronically signed the contract for home inspection services, and that the plaintiffs' breach of...
Holding that MCL 554.139 did not apply where the plaintiff was the co-owner of a unit in the condo development, and that he was neither a licensee nor an invitee, the court concluded that he was not owed any duty by the defendants under premises...
The court held that the plaintiff-bank's (Capital One) foreclosure claim survived the parties' case evaluation acceptance and thus, the trial court did not err in considering Capital One's summary disposition motion following the evaluation award....
The court held that the trial court properly terminated the respondent-mother's parental rights to the children where at least one statutory ground for termination existed and it was in the children's best interests. The trial court terminated...
The court reversed the district court's ruling that the six-year statute of limitations had run on the plaintiffs' action to enjoin the U.S. Forest Service from enforcing its "no gas-powered motorboat" restrictions on the lake on which they owned...
The court held that the trial court properly found that the reason for setting aside its original order revoking an affidavit of parentage executed by the mother (Johnson) and her then significant other (Young) did not fall under MCR 2.612(C)(1)(a)...
The trial court properly granted summary disposition to the defendant in this foreclosure of an undeveloped parcel. Defendant "initiated foreclosure by advertisement in early 2012, and conducted the sheriff's sale in March of that year." In June,...
Where the plaintiffs sued Kentucky and defendant-Sunrise, a child-care facility, for allegedly violating the Establishment Clause, the district court erred by finding that its dismissal order in the case was not a consent decree and by ruling that...
The court concluded that the absence of hazing did not preclude defendants-AKA and Nelson (an AKA regional director) from withdrawing plaintiff's membership rights pending an investigation. Further, their promise to conduct a fair investigation...
The trial court acted correctly when it prevented defendant-White from suggesting to the jury that plaintiff-Associated Construction was obligated to investigate his assertions that he could pay for the renovation project. Thus, the court affirmed...
Based on the binding precedent of Powers, the court reversed the trial court's order granting the appellees' summary disposition motion and remanded the case to the trial court for further proceedings. They contested the decedent's trust and will...
The court affirmed in part and reversed in part an order granting summary disposition in favor of respondents-Oakland County, the OCWRC, and the county's Water Resource Commissioner in this petition for writ of certiorari challenging the...
Neither the "domestic-relations" nor the "probate exception" to federal diversity jurisdiction barred plaintiff-Chevalier from bringing tort and contract claims against her former spouse to recover on a series of unpaid loans. The...
Holding that the circuit court erred by reversing the district court's judgment of possession entered in favor of the plaintiff-bank and remanding this matter to the district court for an eviction trial, the court reversed the circuit court and...
Agreeing with the defendant that "the trial court failed to engage in a meaningful assessment as to the knowing, intelligent, and voluntary nature" of his waiver of counsel, the court reversed his aggravated stalking conviction and remanded for a...
Concluding that the alleged agreement was not a valid contract, primarily due to a lack of consideration and mutuality of obligation, the court affirmed the trial court's dismissal of the plaintiff's claims based on the alleged agreement....
The court held that the trial court did not err in finding the cross-defendants-Trajcevski entities (Trajcevski) liable for certain royalties under a land contract and awarding treble damages and attorney fees. Plaintiffs sued the defendants-Furgal...
Concluding that the alleged loan modification was oral, the court held that the trial court properly granted summary disposition in plaintiff-Comerica Bank's favor. Comerica sued defendants-Cheryl Maniaci and her company, Prickles, "seeking full...
Holding that the Court of Appeals properly found that MCL 339.2412(1) was inapplicable, but erred in finding that the contract between the plaintiffs-homeowners and the defendants-unlicensed builder (Willis) was void ab initio, the court affirmed...
The court affirmed the trial court's order compelling the plaintiff to carry out acts necessary to complete the settlement and carry out the refinancing. The appeal arose out of a feud between two brothers, plaintiff and defendant-Terry Yaryan,...
The court held that the trial court did not err in denying the defendant's motion to suppress the results of his hospital blood draw, in instructing the jury on reckless driving causing death, or in scoring his OVs. However, it was unclear whether...
The district court erred by dismissing the plaintiffs-alleged gang members' (the "Juggalos'") constitutional claims based on lack of standing where they claimed they suffered violations of their constitutional rights at the hands of state and local...
Holding that the trial court correctly determined that plaintiff's policy fell under § 2827 and thus, the defendant-insurer was "required to remit the policy limits to plaintiff without regard to whether the structure was actually repaired or...
The court vacated the trial court's order awarding confinement expenses to the extent it required the defendant-father to reimburse the plaintiff-mother for out of network costs, and remanded the matter to the trial court to determine whether the...
The court held that the trial court did not err by granting the defendant-county's motion for summary disposition and quieting title in favor of the defendant-management company (PJM) or by dismissing the plaintiffs' case as to all defendants. The...
Holding that the trial court did not clearly err in finding that termination of the respondent-father's parental rights was proper under § (g) and that termination was in the child's best interests, the court affirmed the order terminating his...
The court held that the FOC referee erred by changing primary physical custody of the child from the plaintiff-mother to the defendant-father because her order was issued and entered in violation of multiple procedural rules and substantive...
Holding that plaintiff-Auto-Owners did not waive its right to rescind or void the policy, and that it was entitled to rescind the policy even if the misrepresentations were innocent, the court affirmed summary disposition for Auto-Owners. However,...
Because it was "definitely and firmly convinced that the probate court erred" in finding that the evidence satisfied the criteria for a conservatorship to be appropriate under MCL 700.5401(3), the court reversed the order establishing a...
Holding that the plaintiff-LLC lacked statutory standing to challenge the results of the zoning referendum election under MCL 600.4545 because it was not a citizen of the county, the court reversed the trial court's order denying the intervening...
The court held that the trial court properly terminated the respondent-mother's parental rights to the child where at least one statutory ground for termination existed and it was in the child's best interests. The trial court terminated...
The court affirmed the trial court's judgment of no cause of action, entered after a bench trial, where plaintiffs alleged that defendants committed negligent misrepresentation during the course of a real estate transaction. Plaintiffs alleged...
