The court held that while the child "may be a mature, articulate 12-year-old boy, the trial court did not err in wanting more than his preference" and the defendant-father's "broad statements" to conclude that there was proper cause or a COC....
The court held that the trial court did not err by granting summary disposition for the plaintiff-township and enjoining the defendants-landowners from using their property for commercial purposes or for storing commercial property. Plaintiff...
In these consolidated appeals, the court held that petitioner-Loren Pollack's petition to set aside the Trust was barred by the MTC's SOL, and that his due process claim lacked merit because the SOL afforded him a reasonable time to file suit....
In Docket No. 318753 (the divorce case), the court agreed with the plaintiff-ex-husband (Salim Shiana) that the trial court erred in entering a divorce judgment that did not comport with the settlement agreement he reached with the...
The court held that the TT properly dismissed the petitioners' petition challenging the respondent-township's creation of a SAD to finance the extension of a public sanitary sewer system on the ground that it lacked jurisdiction because the...
Holding that the dog's (Magnum) door-jumping habit did "not rise to the level of an 'abnormally dangerous propensity,'" the court concluded that the trial court properly dismissed the plaintiff's strict liability claim against the defendant-dog...
Based on the testimony, the court held that the trial court did not abuse its discretion in denying the respondent-ex-husband's motion to terminate the PPO because the trial court had reasonable cause to believe that he interfered with the...
Concluding that there was no clear error in the trial court's findings, the court held that the property distribution was equitable in light of all the facts, "which appropriately included consideration of [the defendant-husband's] deceitful...
In this construction contract case, the trial court did not err by denying the plaintiffs' motion to vacate or modify the arbitration award and, thus, did not err by granting the defendants-lien claimants and defendant-contractor (Bosco) summary...
The court held that the trial court abused its discretion by granting the plaintiff-developer a writ of mandamus compelling the defendants-township and zoning administrator to issue a land use permit. While the court rejected defendants' claim that...
The court held that because the petitioner's claims of the current conservator-Poelker (her former counsel) having a conflict of interest were unsubstantiated, the probate court did not abuse its discretion in denying petitioner's petition to...
The court held that the defendant-husband failed to establish grounds for setting aside the parties' settlement agreement as to the division of the marital estate. Further, the settlement was not on its face substantively unconscionable. However,...
The court held that defendant-Fraser did not owe plaintiff a fiduciary duty pursuant to his role as the guardian and conservator for plaintiff's spouse. Thus, the court affirmed the trial court's order granting defendants-Thomas Brennan Fraser and...
The defendant-City did not violate the plaintiff's procedural due-process rights when it issued seven valid citations relating to the construction of his home addition because each citation resulted in a hearing in which the plaintiff participated....
Holding that the probate court's decision to order compensation to the appellant-PR at the rate of $90 per hour instead of the requested $200 per hour "was reasonable under the totality of the circumstances," the court affirmed the order. The PR...
The court held that because the billboard was a trade fixture, it was the defendant's property and defendant was entitled, upon termination of the lease, to remove it from the plaintiff's real property. Plaintiff's claims to the contrary had no...
The trial court did not abuse its discretion in denying the respondent-father's motion to terminate or modify the PPO obtained by the petitioner (his ex-wife). At the hearing on respondent's motion to modify or terminate the PPO, the petitioner...
The court held that while the appellant had statutory priority to become PR, the trial court did not abuse its discretion in not appointing him PR of the estate when it admitted the 6/29/05 will to probate. The court also rejected his argument that...
The court held that the trial court erred by relying solely on the referee's findings of fact and not allowing plaintiff to present testimony at the de novo review hearing. The FOC referee granted the parties joint legal custody and the...
The court held that the trial court erred to the extent that it provided for the sale of the fee simple interest of the property, and specifically to the extent that it provided for the sale of the parties' dual contingent remainder interests....
Rejecting the plaintiff's claims that she had standing to bring this action to challenge the sheriff's sale and that defects in the foreclosure process caused her actual prejudice, the court affirmed the trial court's order granting the...
The court held that while the trial court improperly considered the change of domicile factors under MCL 722.31(4) because there was no existing court order governing custody in this case, its ultimate custody decision was not in error. There was...
The court held that the probate court did not err in considering evidence that the respondent-PR owed the estate for an unpaid loan and the probate court's factual findings were not clearly erroneous. It also held that the probate court did not...
The court held that there was no genuine issue of material fact that the defendants-townships' ordinances substantively qualified as zoning regulations and regulated the same subject matter as the county's zoning ordinance. As the county adopted...
The court held that the trial court applied the proper standard of review and did not err by upholding the MCI superintendent's decision to deny the appellant-grandmother's request for consent to adopt. In Docket No. 309161, the trial court denied...
The court held that the trial court did not abuse its discretion in granting the plaintiff-utility (DTE) a preliminary injunction to enter the defendant's property to trim trees and conduct line clearance, and did not violate his due process rights...
Holding that there was no ambiguity in the decedent's will, the court agreed with the respondent that the trial court erred in ruling that a latent ambiguity existed in the will and in allowing extrinsic evidence to be used in determining what this...
The court held that the trial court properly terminated the respondent-father's parental rights to the two children (SK and JK) where the statutory grounds for termination were established by clear and convincing evidence and termination was in the...
The court held that the easement was unambiguous as to its scope. Further, defendant-FNBH did not have the status of "developer" and did not have the authority to modify the recreational use easement. After a series of litigation between...
The court concluded that the probate court did not abuse its discretion in not allowing the respondent's forensic accountant (M) to testify by phone at a hearing, or by denying respondent's request for an adjournment. It also rejected respondent's...
Plaintiff could not show that the statute of limitations was equitably tolled, and, thus, the trial court did not err in granting defendants-Mercedes-Benz USA and Estate Motors' motion for summary disposition because her claims were barred by the...
The trial court did not err by granting the defendant summary disposition on the plaintiff's claims seeking partition of, or one-half the value of, the home she claimed they built together because any agreement was barred by the statute of frauds....
The court held that the parties' antenuptial agreement was valid and enforceable, concluding that to invalidate it on the basis of one party's fault would contravene the agreement's clear and unambiguous language, and that as a matter of law, the...
The court held that the trial court did not err by granting the respondent-trustee's motion to dismiss the petitioner-widow's request to construe a letter as an amendment to the Trust. She filed a request to construe an undated, handwritten letter...
In an issue of first impression, the court held that the trial court, in three separate cases filed by the appellants-individuals, companies, and associations, did not err by granting summary disposition for the appellees-treasurer, county, city,...
The court held that the trial court did not err by denying the defendant-father's motion for change of custody of the parties' minor child, his motion for the disqualification of the trial judge, or his motion for the plaintiff-mother to be held in...
The court held that the trial court did not err by granting summary disposition for the defendants-PNC Bank and PNC Mortgage, or by dissolving the temporary injunction tolling the plaintiffs-trusts' redemption period because defendants did not...
The trial court did not err in refusing to interview the children as to their preferences. Also, the defendant-father failed to show that the trial court's findings were against the great weight of the evidence, or that it erred in denying his...
In light of the undisputed evidence that defendant-Lori Klemm took actions to affirm her husband's (defendant-Jeffrey Klemm) acts, the court held that the trial court did not err in ruling that she ratified the mortgage at issue. Thus, it affirmed...
Concluding that the trial court erred in finding no COC sufficient to warrant revisiting the original custody order, the court reversed the trial court's order denying the defendant-father's petition for a change of custody and remanded for further...
