Browse Our Blog for Knowledge on How to Protect Yourself Legally and to See Examples of How We've Achieved Results

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...

The court held that the trial court did not err by granting summary disposition for the defendant-loan servicer on the plaintiffs' claims seeking to enforce a loan modification agreement.

Plaintiffs sought a declaration that the agreement with defendant was a binding contract, and that defendant breached it as well as the implied covenant of good faith and fair dealing. On appeal, the court rejected plaintiffs' argument that the...

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,"...

The court held that the fire-lane fee simple interest was intended to be held by defendant-Judy Queen. The court also held there was an ambiguity as to whether the lake-access language contemplated a dock.

Thus, the court affirmed the trial court's order granting summary disposition in favor of defendants. The case concerned the ownership of a rectangular strip of land or lot referred to as the "fire-lane" that runs through part of a platted...

The trial court properly terminated both respondents-parents' parental rights to the child where the statutory grounds for termination were established by clear and convincing evidence and it was in the child's best interests.

They argued that the DHHS did not prove by clear and convincing evidence that they failed to provide proper care or custody for the child and that there was no reasonable expectation that they would be able to do so within a reasonable time...

The Court of Appeals held that the trial court did not err by denying the defendant-ex-wife's motion for spousal support on the ground that it was premature according to the terms of the parties' consent JOD.

The parties entered into a consent JOD that covered custody and property division. It also reserved the issue of spousal support "until the expiration of four years from the date of entry of this Judgment of Divorce." Defendant later moved for...

Concluding that the trust at issue was unambiguous, the court affirmed the trial court's order granting summary disposition to the appellees on their claims that the surviving settlor could not modify the trust at issue after the death of the other s

Otto and Margaret signed trust documents in 1993. They amended the trust the next year. Otto died in 2005. In 2011, "Margaret attempted to amend the trust to provide that, on the death of the surviving spouse," a piece of real property would go to...

The Court of Appeals held that the trial court did not err in determining that the plaintiffs-property owners' quiet title action against the defendants-neighboring property owners was frivolous.

The parties were engaged in a long-standing dispute over natural drainage of water from defendants' higher elevation property across plaintiffs' lot. Plaintiffs moved their septic field and built a berm near the property line that caused water to...

Holding that a factual question remained as to whether the defendants-doctors' (Dr. Mittal and Dr. Badawi) alleged negligence was a proximate cause of the plaintiff's injuries, the reversed the trial court's grant of summary disposition for those de

Given the trial court's reliance on record evidence supporting its findings under the best-interest factors of MCL 722.23, the Court of Appeals found no abuse of the trial court's discretion in granting physical custody to defendant-Govitz (father).

Although Kayko worked fewer hours and had more opportunity to tend to KKG "on a daily basis, this did not negate that Govitz equally loved his son and could care for him." Accordingly, the evidence did not preponderate against the trial court's...

The Court of Appeals held that the trial court erred in concluding that the proceeds from the sale of the "Crystal Valley property" were plaintiff's (ex-husband) separate property. The case was reversed and remanded.

The defendant (ex-wife) claimed the funds were subsequently used to purchase the marital home. She did not dispute, and the record confirmed, that the property was initially plaintiff's separate property. He purchased the property in 1975 and made...

The trial court erred in finding that the alleged land contract violated the SOF because it lacked the defendant-son's signature and that defendants should be permitted to amend their complaint.

The case arose from a long-simmering disagreement between the father and his son as to a 10-acre parcel of property. On appeal, defendants argued that the trial court erred in granting the father's motion for summary disposition and abused its...

Holding that the respondent-mother failed to establish that she was entitled to appellate relief, the court affirmed termination of her parental rights to the children.

Respondent contended that the trial court erred by receiving the expert testimony of Dr. C, because the DHHS failed to specifically designate her as an expert on its witness list. She also asserted that C's testimony did not satisfy the...

Holding that the trial court properly granted the defendants summary disposition under the GTLA as to the plaintiff's tort claims, that there was no question of fact as to whether they were unjustly enriched by collecting the fees at issue.

In 2012, plaintiff's then-wife filed for divorce and paid $230 in filing fees. He later filed a motion as to custody of his child in the divorce action, and paid an $80 FOC fee, collected by the clerk of the court pursuant to the former MCL...

The Court of Appeals held that the trial court did not commit clear legal error or infringe upon the defendant-mother's Second Amendment right when it considered her actions with her firearm in its findings and analysis under factor (l).

On appeal, defendant argued that the trial court committed clear legal error and violated her Second Amendment right by punishing her for lawful possession of a firearm in its analysis for best-interest factor (l). However, the trial court did not...

The Court of Appeals held that the trial court erred by granting the defendant-putative father's motion to set aside a default judgment establishing his paternity of the plaintiff-mother's child on the ground that it lacked subject-matter jurisdictio

Plaintiff filed a paternity action claiming defendant was the father of her child. He was eventually served, but claimed the trial court lacked jurisdiction. The trial court disagreed and ordered a paternity test. When he failed to comply, it...

The Court of Appeals held that the trial court did not err by finding the decedent's (J) will valid.

J had two daughters, the petitioner-Kathy Crowder and intervenor-Nancy Baruzzini, and a brother, intervenor-Jack Donaldson, the husband of the respondent-Veronica Donaldson. The will specifically and explicitly disinherited Nancy and Kathy, and...

Holding that the trial court clearly erred in adjudicating the respondent-mother as unfit, the Court of Appeals vacated the trial court's order terminating her parental rights to the child (KLA) and remanded.

She claimed that the trial court erred in adjudicating her as unfit. The trial court erred in finding that jurisdiction was established under MCL 712A.2(b)(2) by a preponderance of the evidence. "Under this statute, jurisdiction may be taken over a...

The trial court did not clearly err in its factual findings or abuse its discretion in the imputation of income, and the spousal support awarded was not inequitable under the circumstances.

Thus, the court affirmed the trial court's order granting spousal support in favor of the defendant-ex-wife for $2,451 per month. On appeal, the plaintiff-ex-husband argued that the trial court erroneously calculated the parties' respective...

Holding that "the common-law affirmative defense of self-defense is available to a defendant charged with CCW for concealing an instrument which is a dangerous weapon only because it is used as a weapon," the Supreme Court reversed the Court of Ap

Defendant was arguing with his wife on the side of the road when two men pulled over. As the situation escalated, one of the men allegedly began choking defendant. Defendant pulled out a utility knife and held it in the air. The men got back in...

The Court of App upheld the trial court's finding that an ECE existed with both parties and a change of custody was not in the child's best interests.

The evidence showed "that the child had resided with plaintiff her entire life, apart from the time spent in defendant's care." Plaintiff testified that she earned a steady income and resided "in a home where the child has her own bedroom....

The Court of Appeals held that the probate court properly refused to apply MCL 700.2114(4), and did not err in finding that the appellant-PR failed to meet her burden in this action involving intestate succession.

Kenneth Koehler passed away with no will, no spouse, no children, and no siblings, and his parents and grandparents predeceased him. His paternal grandfather, Carl Cedric Umble, was killed before his son, Carl Koehler (Kenneth's father) was born....

Holding that the respondents' due process rights were not violated, the Court of Appeals affirmed the trial court's order denying their motion to set aside the judgment of foreclosure in this property tax foreclosure case.

The relevant question was whether respondents "were afforded notice that satisfies due process, not whether petitioner met each provision and requirement of the GPTA." They claimed that because respondent-RFA's "mortgage was recorded before the...

The Court of Appeals held that the trial court did not err by awarding spousal support to the defendant-former husband, or by requiring the plaintiff-former wife to pay some of his attorney fees incurred in their divorce action.

The court rejected plaintiff's argument that the award of spousal support was unfair and inequitable under the circumstances. "Although the trial court imputed $35,000 to defendant in annual income," he was unemployed and needed "to secure and...

Viewing the evidence in a light most favorable to plaintiffs, the Court of Appeals held that the trial court correctly determined the puddle of water constituted an open and obvious condition.

The trial court properly granted summary disposition in defendants' favor. Plaintiff-Janie Burnham (Burnham) slipped and fell in a puddle of water in what the parties describe as the "pit" area of defendant-Hobby Lobby's store. On appeal,...

The Court of Appeals vacated the trial court's voiding of the ex-wife's designation as life insurance beneficiary post-divorce holding that the Personal Representative's petition failed to state a claim for relief.

During their marriage, John designated Nancy as his sole named beneficiary on the group life insurance policy provided by his employer. The divorce judgment included a provision for cancellation of each spouse's interest in any existing life...

The Court of Appeals vacated the Trial Court's termination of respondent-father's rights where he had effectively been deprived of an adjudication hearing.

"The hearing referee who conducted the adjudication trial stated that it was 'enter[ing] a default' against respondent because he failed to appear for the trial." However, there was "no authority for the proposition that a respondent in child...

In failing to apply the "best interests of the child" test, the trial court erred in ordering custody agreement which resulted in a change in the child's custodial environment

Holding that the order failed to appreciate that the shift in parenting time altered the child's ECE, the court reversed the trial court's order and remanded. The order determined the parties' minor child, MS, would attend a particular school and...

A court properly held a non-competition clause in an employment contract to be unreasonable and over-broad

Holding that the noncompetition clause in the plaintiff-employer's employee handbook was unreasonable, the court limited the injunction against "'obtaining employment, either directly or indirectly, from any current or previously contracted client...

A trial court properly granted summary disposition to a property owner where the uneven pavement and dim lighting on his property were open and obvious conditions that were not unreasonably dangerous

The court held that the trial court did not err by granting summary disposition for the defendant-property owner in the plaintiff's premises liability action because "the uneven pavement and dim lighting were open and obvious conditions that were...

The court properly denied a police officer's qualified immunity defense where the officer led a group of alcohol-impaired officers in an attack on unsuspecting plaintiffs

The court affirmed the district court's judgment denying the defendant-police officer's (Officer Flake) defense of qualified immunity on the plaintiffs' claims of excessive force and arrest without probable cause. It dismissed defendant-City of...

A court properly held that an employee does not have a vested right in certain employee benefits

The court held that when "¶ 4.B of the 2010 MOU is read in its entirety, the paragraph is unambiguous and it does not create the vested right asserted by" plaintiff/counter-defendant-Cass. This was a breach of contract action involving a contract...

A circuit court erred in deeming a city noise ordinance as constitutional where the language of the ordinance was vague

Holding that the plaintiff-city's noise ordinance was unconstitutionally vague, the court reversed and remanded for dismissal of the citations against the defendants-bar owners and employee. Defendants were issued the citations on the ground that...

The court properly held that defendant snow removal company was not responsible for any injuries or damages that resulted from the icy or slippery conditions of the property that were contracted to plow

The court held that the trial court applied the correct standard of review in granting the defendant-snow removal company summary disposition under MCR 2.116(C)(8), and correctly determined that the plaintiffs were not entitled to relief under a...

Summary disposition was not proper where a genuine issue of material fact existed regarding whether or not an option to purchase was specifically assigned

Holding that genuine issues of material fact existed as to whether the option to purchase was specifically assigned and whether it was for the land or the land and the restaurant on the property, the court reversed the trial court's grant of...

A trial court properly terminated the parental rights of a mother and father where clear and convincing existed establishing the child sustained severe physical abuse

The trial court properly granted termination of the respondents-parents' parental rights to the child where the statutory grounds for termination were established by clear and convincing evidence and it was in the child's best interests. They...

Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 181920 21 22 23 24 25 - All