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...
The court held that the trial court did not err in determining that the factor listed in MCL 722.31(4)(a) supported its grant of defendant-mother's motion. As to MCL 722.31(4)(c), it held that the trial court's factual findings did not "clearly...
Concluding that the record failed to show that the respondent-mother released her parental rights knowingly and voluntarily, the court reversed the trial court's order terminating her parental rights and remanded for further proceedings. The court...
The court held that the trial court did not err by granting summary disposition to the defendant-ex-girlfriend in the plaintiff-ex-boyfriend's action to quiet title to property he conveyed to her during their relationship because the deed validly...
The court held that the trial court erred by denying the defendant-father's motion to revisit custody. The parties were awarded joint legal custody of the children, and the plaintiff-mother was awarded primary physical custody. Approximately four...
The court held that despite any violations of MCL 211.78f and MCL 211.78i, the trial court properly denied the respondents-property owners' motion to set aside the judgment of foreclosure because they were properly served with notice and thus, they...
Concluding that the property could not be reasonably partitioned or sold in lieu of partition, the court affirmed the trial court's order granting the defendant summary disposition as to the plaintiff's partition claim. As to plaintiff's motion to...
The court held that the trial court properly terminated the respondent-mother's parental rights to the children. On appeal, she claimed that the DHS did not provide her with a service plan to achieve reunification. She wrongly asserted that the DHS...
The court held that the value of the marital home was not to be deducted from the Marital Trust at issue because it did not "pass" from decedent to the respondent given that they owned the property as tenants by the entireties. Further, the trial...
Holding that the defendants-Zairs' contention that the trial court should have imposed limitations on the voluntary dismissal was without merit, the court affirmed. The case began as a priority dispute between two mortgagees as to the Zairs' real...
Concluding that the trial court failed to describe on the record the child's ECE, and failed to adequately address the statutory best interest factors affecting its custody and parenting time decisions, the court vacated the custody and parenting...
The court affirmed the trial court's grant of summary disposition to defendants as to all the claims of easement by deed. It affirmed the trial court's ruling that the MacDonald plaintiffs did not establish a prescriptive easement, but reversed its...
Holding that the trial court misinterpreted MCL 722.31(1) in addressing the defendant-father's move and thus, failed to evaluate it according to the factors set forth in the statute, the court vacated the trial court's order granting defendant's...
The court reversed the MTT's opinion and judgment, which valued the shopping center at a TV of $1,482,875 in 2011 and at a TV of $1,509,700 in 2012, and remanded to the MTT. For the 2011 and 2012 tax years, respondent-City assessed the shopping...
The court held that the defendants-Kosts were not entitled to a prescriptive easement, concluding that by a combination of estoppel and overt acts, they abandoned any easement rights they might have had remaining in the property that was platted as...
The probate court was not divested of jurisdiction to remove appellant-Crystal Waller as PR and to appoint appellee-Fraser as successor PR while an appeal was pending, because these actions related to its management of the estate property. Thus,...
The court held that the trial court properly terminated the respondent-mother's parental rights to the three children where the statutory grounds for termination were established by clear and convincing evidence and termination was in their best...
Noting that "having no objection to a feature on property is not the same as recognizing that feature as the boundary[,]" the court held that the plaintiff failed to establish acquiescence for the statutory period. Thus, it affirmed the trial...
Where the defendant-wife (Sheryl) actively participated in the hearing and unequivocally stated that she "understood the settlement's terms, waived certain rights, and agreed to be bound by the consent judgment[,]" the trial court did not abuse its...
The court held that the district court erred in concluding that the defendant-tenant violated ¶ 8 of her lease where there was no factual finding that she was the individual making the misrepresentation about where her grandchildren resided, and...
The trial court did not err by ruling that the petitioner failed to present clear and convincing evidence that the MCI superintendent's denial of consent to adopt her three foster children was "arbitrary and capricious." After the superintendent...
The trial court did not err in granting defendants' motion for summary disposition in this breach of land contract action. The case arose from a land contract entered into between plaintiffs (sellers) and defendants (purchasers). Plaintiffs argued...
