The court held that the trial court properly granted summary disposition for the defendant-county, and properly dismissed the plaintiff-property owner's complaint to set aside the judgment of foreclosure. Plaintiff sued defendant claiming the tax...
The probate court did not clearly err in finding that the defendant-Trustee breached his fiduciary duties. It also did not err in denying him compensation for his performance as trustee, and in refusing to allow him to be reimbursed for the...
The court held that the trial court did not clearly err in conducting a hearing and determining that there was proper cause or a change of circumstances, and its findings as to best interest factors (d)-(f) were not against the great weight of the...
The court held that the TT did not err by ruling that the petitioner's property was not exempt from taxation under either MCL 211.7o, MCL 211.7s, or the Michigan Constitution. Petitioner sought a tax exemption on its property on the basis that it...
While the defendant-father sought to challenge the trial court's 2010 parenting time order, the court lacked jurisdiction to consider its constitutionality because it was outside the scope of the appeal, which was from a 2013 order denying his...
The plaintiff, a subcontractor on a public works project who was not paid, could recover on a bond posted under the PWBA after providing the required "notice" to the general contractor. The trial court determined that plaintiff-Wyandotte Electric...
The court held that the trial court properly granted the defendant-father's motion for a change in custody, granting him custody of the parties' child and addressing parenting time. On appeal, the court rejected the plaintiff-mother's argument that...
The court held that the arbitrator exceeded the scope of his authority in violation of the arbitration agreement as it related to child support. Thus, it reversed the portion of the judgment of divorce pertaining to child support and remanded for...
The court held that the trial court properly ordered defendants' eviction after foreclosure of their home, and properly dismissed their cross-claims against plaintiff-Fannie Mae. Non-party-Bank of America foreclosed on defendants' home and...
The court held that the trial court erred in granting summary disposition for the defendant-personal representative because the 10-year limitations period for enforcement of noncontractual money obligations applied and the plaintiff-ex-wife timely...
The court held that the circuit court erred in reversing the district court's order granting summary disposition for the plaintiff-bank in this summary action for eviction and possession of residential property. Thus, it reversed and remanded....
The court held that the trial court properly granted the petitioner-ex-wife's motion to terminate a PPO the respondent-ex-husband held against her, and properly found respondent in criminal contempt for violating a PPO held by petitioner against...
The court held that the trial court properly granted summary disposition for the defendants-Birgbauer and DEQ on plaintiff-Manos's claim that it had riparian rights in the waterway at issue. Birgbauer received a permit to install a culvert in a...
Even though it was not required for the trial court to examine the statutory factors, the trial court's grant of the plaintiff-mother's motion for change of domicile did not constitute an abuse of discretion. A review of the trial court record...
The court held that the trial court properly denied the plaintiff-father's motion for change of custody as to the parties' child. He sought full physical custody of the child, claiming the defendant-mother's injuries from a car accident prevented...
Holding that the trial court did not clearly err in finding that §§ 19b(3)(c)(i), (g), and (j) were established by clear and convincing evidence, and that its factual findings as to the child's best interests complied with MCR 3.977(I)(1), the...
The court held that Korash is controlling and demanded it affirm the trial court's order granting summary disposition in favor of plaintiffs-Melching and Callow, ruling that a voter-enacted rezoning initiative (Proposal 4) did not constitute a...
In these consolidated cases, the court held that the trial court did not abuse its discretion in refusing to set aside the default judgment or in refusing to hear the plaintiff's "untimely and improperly filed" written motion to withdraw...
The court held that the DHS made reasonable efforts to reunite the respondent-mother with her child and that the trial court properly terminated her parental rights to the child where the statutory grounds for termination were established by clear...
The trial court in this condemnation action did not violate the law of the case doctrine when allowing the defendants to present evidence and testimony pertaining to FAA regulations involving residential land use in RPZs. The plaintiff-county...
Concluding that there were no ambiguities in the subdivision construction restrictions at issue, and holding that the defendants' "pump house" violated the express terms of the restrictions, the court reversed the trial court's order dismissing the...
Holding that nothing in "the plain language of MCL 125.541 required either the hearing officer or the Township Board to take the type of piecemeal action suggested by plaintiff and impose remedies against only certain portions of the building" (the...
The court held that the failure of the warranty deed to show that plaintiff-McDonell was acting in a trustee capacity was forgiven under the doctrine of descriptio personae, where there was "no dispute that McDonell was the trustee and only had the...
The court affirmed the probate court's order granting appellee-Kathryn Casey's motions for summary disposition on the grounds that appellants-Renee and Bruce Keene were not interested persons or heirs of the decedent and no genuine issue of...
Holding that the trial court erred in interpreting the "heirs" clause in the consulting contract at issue in this estate dispute, the court reversed its order granting the appellee-personal representative (PR) summary disposition. Before his death,...
The court affirmed the order approving the sale of real estate. It also held that the trial court did not abuse its discretion in denying appellant's motion for reconsideration. However, it rejected the appellee-PR's request to award her damages...
The trial court properly released the escrow funds from the condo sale to the mortgage holder (defendant-bank) without satisfying the plaintiffs' construction liens because the bank's lien had priority. Defendant-Alpinist Endeavors was comprised of...
Holding that the defendant-Green Tree's mortgage was not the "first mortgage of record," the court reversed and remanded for entry of summary disposition in favor of the plaintiff-condo association on the issue of whether its lien had priority over...
Holding that the trial court properly characterized the defendant-father's objections to the Friend of the Court's (FOC) child support calculations "as frivolous because there was no reasonable basis to believe the discrimination allegations," the...
Holding that the plaintiff was a prevailing party under MCL 570.1118(2) because it substantially prevailed on the amounts it sought under the claim of lien, the court vacated the portion of the trial court's order denying its request for attorney...
In an issue of first impression, the court held that a plaintiff may maintain an action for statutory conversion for violations of the MBTFA. However, the trial court did not err in ruling that the plaintiff failed to establish statutory or...
Holding that the trial court did not clearly err in finding that §§ 19b(3)(c)(i) and (g) were proven by clear and convincing evidence, and that terminating the respondent-mother's parental rights was in the children's best interests, the court...
The court held that the trial court properly rejected the plaintiff's foreclosure-related and emotional distress claims, and granted summary disposition to defendants. Plaintiff sued defendant seeking to set aside defendant's foreclosure of his...
Holding that the defendant-appellant failed to show good cause to set aside the default judgment in plaintiff's favor, the court affirmed the trial court's order denying his motion to set it aside. The underlying dispute concerned priorities on a...
Holding that the defendant qualified as a "presumed father" and that the parties' judgment of divorce did not preclude an action to overcome the presumption of legitimacy, the court reversed the trial court's order denying the plaintiff-mother's...
The court held that the trial court did not clearly err in finding that the easement was not terminated or abandoned, and in prohibiting defendant from interfering with plaintiffs' easement rights. The parties own neighboring properties. When...
Following a review of the trial court's opinion and order in its entirety, the court held that it was apparent the trial court found that a CIC had occurred. Thus, it affirmed the trial court's order modifying spousal support. The parties had 2...
The court held that the trial court properly dismissed the plaintiff's claims and awarded attorney fees for defendant-1900 Associates. Plaintiffs sued defendants alleging several breach of contract, misrepresentation, and fraud claims related to a...
The court held that the trial court erred in granting summary disposition for the respondent-former "special fiduciary" and PR on the petitioner's claim that he breached his fiduciary duty to the estate. Petitioner objected to respondent's final...
The court held that the trial court correctly ruled that terminating the respondent-mother's parental rights was in her children's best interests because she "was both directly and indirectly responsible for repeated sexual assaults against one of...
