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The court affirmed the trial court's rulings as to the disposition of a Harley Davidson motorcycle, the award of attorney fees to the defendant-ex-wife, and the denial of the plaintiff-ex-husband's request for attorney fees.

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...

While the respondent-trustee (Juzenas) violated MCL 700.7814, the court concluded that the probate court abused its discretion in charging her for insurance and tax obligations that she paid from her own pocket and denying her request for reimburseme

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...

The defendant failed to establish a change in circumstances to alter the child's established custodial environment or that the move was in the child's best interests, so the Court affirmed the trial court's denying his motion for sole custody.

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...

Holding that the property division was fair and equitable, but that remand was necessary for the trial court to recalculate the parties' income and recalculate the child support award, the court affirmed in part, reversed in part, and remanded.

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...

Holding that the trial court did not err in finding that statutory grounds supported terminating the respondent-mother's parental rights, or in finding that doing so was in the child's best interests, the court affirmed the order terminating her righ

She argued on appeal that there was insufficient evidence to support a statutory ground for termination due to the failure to offer her services and parenting time. The DHHS "sought termination at the initial dispositional hearing." Thus, it was...

Holding that willful absence is a factual question that may concern more than physical proximity & the court's decision to remove appellant as PR & replace her with a neutral 3rd party within possible outcomes, the court affirmed.

James died intestate 2012. He was survived by his spouse, appellee-Maggie, and 10 children. These consolidated appeals involved a dispute over the assets remaining in his estate. The primary issue in Docket No. 323387 concerned whether Maggie, who...

The court held that the probate court erred in construing MCL 700.2801(2)(e)(i) "to require proof that a spouse intended to give up his or her marital rights before he or she will be deemed not to be a surviving spouse" under the statute.

At the time of his death, Lyle was living with a woman with whom he had a long-term extramarital affair. The court agreed that "the phrase '[w]as willfully absent,' as used in MCL 700.2801(2)(e)(i), refers to physical absence." The physical...

The Court of Appeals held that the defendants weren't entitled to an affirmative defense under § 8 because neither of them served as a "primary caregiver" or "patient" when they operated the cooperative growing operation & medical marijuana dispensar

Thus, it affirmed the trial court's orders denying their motions to dismiss and preventing them from raising the defense. The trial court found Bylsma "failed to establish that he was entitled to immunity under § 4, and because his entitlement to...

Holding that the trial court properly found at least one statutory ground for termination and that termination was in the best interests of the children (JW and AW), the court affirmed termination of the respondent-mother's parental rights.

The trial court terminated her parental rights under § (g) after finding that she physically abused the children throughout the proceedings and that further services would not cure the problem. The record reflected that in 6/13, when "AW was about...

The court held that the trial court properly terminated the respondent-mother's parental rights to the children, and the respondent-father's parental rights to one of the children, where at least one statutory ground for termination existed.

It rejected the father's argument that the trial court erred by not holding the DHHS in contempt for failing to provide him with free therapy. It noted there was "no indication that the caseworker willfully defied the court's order to provide...

The Sixth Circuit held that Defendant, who assaulted his neighbor with a machete over "uncollected dog deposits," unsuccessfully challenged his five-year sentence for violating the terms of his supervised release when he admitted to violating a state

The Sixth Circuit Court rejected Walker's argument that he was entitled to rely on Alabama's self-defense law because he "admitted that he violated the terms of his supervised release by 'committ[ing] a state law violation[.]'" Once he...

The trial court properly terminated the respondent-father's parental rights to the child where at least one statutory ground for termination was established by clear and convincing evidence and termination was in the child's best interests

In 5/14, the trial court ordered him to comply with a PAA. At the first review hearing in 7/14, he "admitted to relapsing into drug use and tested positive for cocaine." The trial court warned him that his "parental rights would be terminated if he...

Because the respondent-mother was found to be unfit as a parent and because her rights yielded to the State's interest in protecting the child, her constitutional rights as to the child were not violated, and there was no plain error.

Respondent's sole argument on appeal was that she has a constitutional right to parent her child. Although she was generally correct that "parents have a fundamental right to parent their children," the trial court did not err in terminating her...

Concluding that the evidence did not support the claim that the victim (M) was in the process of breaking or entering when the defendant shot her, the trial court did not abuse its discretion in denying his request for a self-defense jury instruction

Thus, the court affirmed his convictions. However, as to his sentencing, it remanded for Crosbyproceedings pursuant to Lockridge. He was sentenced to concurrent prison terms of 15 to 30 years for the murder conviction and 7 to 15 years for the...

Concluding that the appellate record was insufficient to determine whether the underlying support agreements were valid, the court could not determine whether the trial court abused its discretion by denying modification of the agreements.

The Court of Appeals reversed the trial court's orders denying appellant-Ellis's (mother) motions, and remanded the case to the trial court for clarification of the validity of the agreements. It also reversed the trial court's award of $750 in...

The trial court properly terminated the respondent-mother's parental rights to the children where the statutory grounds for termination were established by clear and convincing evidence and termination was in the children's best interests.

As to § (c)(i), more than 182 days elapsed between the issuance of the initial disposition order and the termination decision, and the conditions that led to adjudication, namely her mental health problems, her failure to obtain adequate housing,...

Holding that the totality of the circumstances indicated that the photo lineup was not unduly suggestive, the court upheld the trial court's denial of the defendant's motion to suppress the victim's in-court identification and affirmed his conviction

He was convicted of carjacking, armed robbery, unlawful imprisonment, felonious assault, CCW, FIP, felony-firearm, and fourth-degree child abuse related to the carjacking and robbery of a cab driver (S). Defendant argued that S was exposed to an...

The court held that because established Michigan law does not recognize the purported "cousins by marriage" relationship between the plaintiff and the insured, the trial court erred in holding that Plaintiff was entitled to PIP benefits.

Thus, it reversed and remanded for entry of an order granting summary disposition in favor of defendant. The case arose out of plaintiff's claim for PIP benefits-under a no-fault policy issued by defendant to plaintiff's purported "relative,"...

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