The court held that the trial court did not err in granting the plaintiff-bank's motion for summary disposition in its foreclosure action against the defendants. Plaintiff filed a complaint for termination of tenancy in the district court after...
The court reversed the trial court's ruling that the marital home was the plaintiff-wife's separate property and vacated the portion of the judgment deferring the valuation and disposition of her business for a year's time. Even though the marital...
The court held that the MTT erred as a matter of law in upholding the respondent's determination that the petitioners were not allowed to claim the PRE on the property at issue "because Michigan law does not require both spouses to be residents in...
Holding that the trial court did not clearly err in failing to consider a guardianship for the child or in finding that terminating the respondent-father's parental rights was in the child's best interests, the court affirmed the trial court's...
Concluding that the conclusory allegations in the affidavits of the plaintiff and her son did not address the evidence defendants presented, the court held that in light of this "uncontroverted evidence, plaintiff's claim of adverse possession and...
The court held that the trial court had subject matter jurisdiction over the petitioners-grandparents' motion for grandparenting time, and that MCL 722.27b is not unconstitutional. It also concluded that "the trial court properly ruled that...
Holding that the notice the defendants provided to the plaintiffs as to the foreclosure process was insufficient to inform plaintiffs of their right to modify the mortgage loan to avoid foreclosure, the court reversed the trial court's order...
The court held that the trial court's finding that an ECE existed solely with the plaintiff-mother was not against the great weight of the evidence, it did not err in awarding her sole custody of the children, and under the circumstances, it was...
The court reversed the trial court to the extent that it ruled the defendants-property owners must enter into contracts related to connecting to the plaintiffs-townships' sewer system, but affirmed to the extent the trial court required defendants...
The court held that the trial court did not err in rejecting the plaintiff's claim for slander of title. Defendants originally sued a non-party, B, for defamation, and received a judgment in their favor. In attempting to collect on the judgment,...
The court held that the trial court did not err in using the income method to value the defendant-ex-husband's tire business, but did err in calculating the business's liabilities. It also held that the trial court erred in determining defendant's...
Holding that there were genuine issues of material fact as to whether the defendant-Road Commission abused its legitimate powers in filling a hole and as to causation, the court reversed the trial court's order granting the plaintiffs' motion for...
The trial court did not clearly err in finding that the children's father, JH, substantially complied with the support order. The trial court also properly found that the children's mother, MH, failed to prove by clear and convincing evidence that...
The court held that the trial court erred in finding that it lacked subject matter jurisdiction to hear the plaintiff's claims. Plaintiff sued defendants, alleging violation of the anti-lockout statute, statutory conversion, violation of MCL...
Holding that the respondent-mother "enjoyed constitutional and statutory rights to appointed counsel when the L-GAL sought termination of her parental rights" in a prior appeal, the court vacated the order terminating her rights and remanded for a...
The court reversed both the trial court's order after a bench trial finding for defendant-AT&T, and its order granting in part AT&T's motion for directed verdict as to plaintiff-D'Andrea, dismissing his claims in their entirety. It directed...
The court held that the defendants were not entitled to appellate review because they never moved to set aside the trial court's entry of default. After entering a judgment of divorce, the trial court entered multiple orders compelling...
The court held that the trial court erred in concluding that the trustee-bank could entertain an unsolicited offer to purchase the property at issue (lake cottages) without the consent of the settlor's children. Thus, it reversed the trial court's...
The court held that the trial court did not err in allocating the parties' assets, valuing their marital property, or calculating spousal support, but erred in denying the defendant-ex-husband's request for attorney and expert witness fees. Thus,...
Noting the absence of Michigan cases addressing whether a neighbor has constitutionally protected property rights in the enforcement of zoning ordinances on adjacent property he does not own or use, the court held that the plaintiff-trust could not...
The court held that the trial court did not clearly err when it found that the plaintiff's claims against the defendants disputing the existence of an easement were frivolous and that sanctions against plaintiff's counsel were appropriate pursuant...
The court held that the trial court did not abuse its discretion in denying the plaintiff-mother's motion for a new trial, and that the parties' stipulation for joint custody was valid as plaintiff failed to show duress. However, it also held that...
Concluding that "the mistakes that necessitated the request for equitable relief could have been avoided with reasonable diligence," the court held that plaintiff-Green Tree Servicing was not entitled to equitable relief. Thus, it affirmed the...
The court held that the trial court did not err in concluding that the first element of unjust enrichment "requires a finding that defendant directly benefited from plaintiff, and that the facts of this case did not support such a finding." Thus,...
Holding that the TT erred in awarding refunds of the transfer tax that the petitioners-Gardners, Ngos, and Masellis paid pursuant to the SRETTA when they sold their homes, on the ground that the conveyances were exempt under MCL 207.526(u), the...
Holding that the plaintiff-wife failed to support her claim that extreme stress rendered her incapable of agreeing to the terms of the settlement agreement, the court concluded that the trial court did not abuse its discretion in enforcing the...
A plaintiff who claimed that her employer discriminated against her based on age and sex when it terminated her position failed to establish her prima facie case. Defendant-API established that it used the "same procedures to determine which...
Holding that the trial court did not clearly err in terminating the respondent-mother's parental rights under § 19b(3)(j) or in finding that doing so was in the child's best interests, the court affirmed its order terminating her rights. "At the...
The court held that the TT did not err in ruling that the petitioner's proposed income-capitalization approach was not an accurate method for valuing its cooperative residential housing complex. There was no merit to its claim that MCL 211.27(4)...
[This appeal was from the ED-MI.] Defendant-public school system (TPS) was improperly granted summary judgment on plaintiff-Scheick's age-discrimination claim because he raised a genuine issue whether age was the "but-for" cause of the defendants'...
Holding that the plaintiff's claims related to the alleged 10-year lease were barred by MCL 566.106, and that plaintiff failed to show that it was inequitable for the defendants to retain any benefit of the unexercised lease, the court affirmed the...
In these consolidated appeals after remand, the court held, among other things, that neither the law of the case nor res judicata precluded the trial court from considering unjust enrichment on remand. It affirmed the trial court's decision to...
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. On appeal, the court rejected...
The court held that under the circumstances, the trial court did not abuse its discretion by dismissing the defendant-mother's objections to the referee's report and recommendation without prejudice, adopting the interim custody order as a final...
Because the defendant-father (Dale) filed his change of custody motion before the plaintiff-mother (Holly) was called to active duty, the court found the relevant statutory language (MCL 722.27(1)(c)) inapplicable. Nevertheless, it vacated the...
Concluding that the trial court erred in granting summary disposition to respondent (the son of the deceased, Ronald, and a beneficiary of his estate) because Ronald's death terminated the divorce proceedings involving Ronald and the petitioner,...
Holding that the trial court did not err in finding that it was not in the child's best interests to grant the respondent-putative father custody, the court affirmed the trial court's order terminating his parental rights under MCL 710.39(1)....
Holding that the district court properly entered an order terminating defendants' possession of the property because plaintiff-Freddie Mac is not a governmental entity for constitutional purposes, the court reversed the circuit court's order and...
The court reversed the trial court's grant of summary disposition and order of judgment for plaintiff, awarding her $7,532.30, plus an additional $521.08 per month through the remainder of defendant's life, and remanded to the trial court for entry...
The court held that there was sufficient evidence for the trial court to exercise jurisdiction in this case, and that it did not err in terminating the respondent-mother's parental rights under §§ 19b(3)(b)(i), (g), and (j). Further, termination...
