The court held that there was no due process violation and that the unpreserved error in the assignment of the case to a different judge at the second PE did not affect the outcome of the proceedings. Also, defendant failed to establish a plain...
The court held that the trial court did not err by granting summary disposition for the defendants-bank and buyer in the plaintiffs-lessees' action to enforce a right of first refusal to purchase the leased property. The bank initiated foreclosure...
Holding that the trial court clearly erred in finding that there was mutual assent to modify the land contract at issue to waive interest, and erred as a matter of law in ruling that the modification complied with the statute of frauds, the court...
The court found no error in the trial court's order suspending the defendant-mother's legal custody and parenting time. Thus, it affirmed the trial court's order which, among other things, temporarily suspended her legal custody and parenting time...
Rejecting the plaintiff-husband's claim that the trial court, on remand, again failed to make sufficient factual findings to support its attorney fee award to the defendant-wife, the court affirmed the award. The court held in the prior appeal that...
Holding that the plaintiff, pursuant to Obergefell, was not barred from asserting the applicability of the equitable parent doctrine, the court reversed the trial court's order granting the defendant summary disposition and remanded the case to the...
The court held that the trial court properly granted the plaintiff-father's request for a change of domicile, changing physical custody and parenting time of the parties' minor children. However, it did not properly resolve the issues of the...
he trial court did not violate the defendant-Association's due process rights when it sua sponte decided to construe the plattors' intent. However, upon review of the plat and the plat survey, the court held that the trial court erred in finding...
The court held that the trial court did not err by denying the defendant-city's motion for summary disposition based on governmental immunity.The plaintiff sued defendant for injuries she sustained when she tripped and fell on a sidewalk while...
Holding that the trial court erred by granting the plaintiffs-insurance companies' request to re-open the case and impose sanctions against the defendant-contractor's (Sebold) attorney, the court vacated and remanded. Plaintiffs paid claims...
Agreeing with the defendant that the trial court erred in imposing a $500 fine at sentencing when it was not part of the sentencing agreement, the court remanded for the trial court to correct the judgment of sentence by deleting the fine. It...
Concluding that the trial court did not comply with the procedures and requirements set forth in MCL 722.27b, which constituted clear legal error, the court vacated the order for grandparenting time and remanded for the dismissal of the...
Because there was sufficient evidence to establish by a preponderance of the evidence that the child (Kate) died as a result of criminal agency, the district court abused its discretion by refusing to bind the defendant over on the charge of open...
The court held that the trial court erred in treating the scope of a Disclaimer as a question that remained open on remand, that it departed from the law of the case, and that it clearly erred in finding clear and convincing evidence that...
Holding that the plaintiff-appellant failed to show that the release language in the real estate purchase agreement was invalid, the court affirmed the trial court's order granting the defendants-real estate agents and agency summary disposition on...
The trial court did not clearly err by interpreting the parties' divorce consent agreement as requiring that they equally divide their 2012 tax refund. The defendant-husband represented to the trial court and to the plaintiff-wife that their 2012...
Holding that the trial court properly granted the plaintiff summary disposition because the only alleged consideration for the modification of the parties' agreement fell within the preexisting duty rule and thus, could not be adequate...
The court held that the trial did not abuse its discretion by awarding the plaintiff-ex-wife 75% of her attorney fees incurred in the trial court proceedings, or by finding she could bear 25% of the costs, and the defendant-ex-husband 75%, as to...
Where the plaintiff sued defendant-HSBC Mortgage Services in an attempt to stop HSBC from foreclosing on his property, he could not rely on an LMA to give him a contractual right to an extension of his decreased monthly payment requirements. HSBC...
The court held that the trial court did not err by granting summary disposition for the defendant in this action involving an easement across the plaintiff-trustee's property. Plaintiff's predecessor-in-interest executed a land contract in 1970,...
Holding that the trial court did not abuse its discretion in denying the defendant's motion for a mistrial based on a witness's "unresponsive, volunteered answer" to a proper question, the court affirmed his AWIGBH conviction. It also concluded...
The court concluded that even if the trial court erred in finding untimely the defendant-property owner's objection to the plaintiff-city's proposed final amended default judgment, the error was harmless given that his objection was an attempt to...
The circuit court abused its discretion when it dismissed as untimely the plaintiff's appeal as of right from defendant-Peninsula Township Zoning Board of Appeals' decisions regarding requested dimensional variances (Count I) because the circuit...
The trial court properly suppressed the 15-year-old's confession to attempted murder after finding that she "did not knowingly, voluntarily, and intelligently waive her constitutional rights." The trial court viewed the videotaped interrogation. On...
The trial court did not err when it denied plaintiff-SPE's motion for partial summary disposition on its contract claim because the language in the parties' building contract was ambiguous, and there was evidence to show that the builder,...
The court concluded that the plaintiffs failed to provide any admissible evidence to sufficiently counter the defendants' evidence that they electronically signed the contract for home inspection services, and that the plaintiffs' breach of...
Holding that MCL 554.139 did not apply where the plaintiff was the co-owner of a unit in the condo development, and that he was neither a licensee nor an invitee, the court concluded that he was not owed any duty by the defendants under premises...
The court held that the plaintiff-bank's (Capital One) foreclosure claim survived the parties' case evaluation acceptance and thus, the trial court did not err in considering Capital One's summary disposition motion following the evaluation award....
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. The trial court terminated...
The court reversed the district court's ruling that the six-year statute of limitations had run on the plaintiffs' action to enjoin the U.S. Forest Service from enforcing its "no gas-powered motorboat" restrictions on the lake on which they owned...
The court held that the trial court properly found that the reason for setting aside its original order revoking an affidavit of parentage executed by the mother (Johnson) and her then significant other (Young) did not fall under MCR 2.612(C)(1)(a)...
The trial court properly granted summary disposition to the defendant in this foreclosure of an undeveloped parcel. Defendant "initiated foreclosure by advertisement in early 2012, and conducted the sheriff's sale in March of that year." In June,...
Where the plaintiffs sued Kentucky and defendant-Sunrise, a child-care facility, for allegedly violating the Establishment Clause, the district court erred by finding that its dismissal order in the case was not a consent decree and by ruling that...
The court concluded that the absence of hazing did not preclude defendants-AKA and Nelson (an AKA regional director) from withdrawing plaintiff's membership rights pending an investigation. Further, their promise to conduct a fair investigation...
The trial court acted correctly when it prevented defendant-White from suggesting to the jury that plaintiff-Associated Construction was obligated to investigate his assertions that he could pay for the renovation project. Thus, the court affirmed...
Based on the binding precedent of Powers, the court reversed the trial court's order granting the appellees' summary disposition motion and remanded the case to the trial court for further proceedings. They contested the decedent's trust and will...
The court affirmed in part and reversed in part an order granting summary disposition in favor of respondents-Oakland County, the OCWRC, and the county's Water Resource Commissioner in this petition for writ of certiorari challenging the...
Neither the "domestic-relations" nor the "probate exception" to federal diversity jurisdiction barred plaintiff-Chevalier from bringing tort and contract claims against her former spouse to recover on a series of unpaid loans. The...
Holding that the circuit court erred by reversing the district court's judgment of possession entered in favor of the plaintiff-bank and remanding this matter to the district court for an eviction trial, the court reversed the circuit court and...
Agreeing with the defendant that "the trial court failed to engage in a meaningful assessment as to the knowing, intelligent, and voluntary nature" of his waiver of counsel, the court reversed his aggravated stalking conviction and remanded for a...
