The court reversed and remanded for entry of an order granting summary disposition in favor of defendant-Great Lakes (garnishor). Plaintiff-KBD sued Great Lakes. Great Lakes obtained a favorable verdict that also resulted in an award of costs and...
The court held that the trial court did not err in its division of the parties' marital property, but remanded for further consideration of the defendant-ex-wife's request for attorney fees, spousal support, and health insurance. In the divorce,...
Concluding that the trial court failed to follow the law of the case and the Michigan Supreme Court's remand order, the court held that it also erred in ruling that the defendants had a prescriptive easement allowing them to erect a dock and moor...
The court held that the trial court did not err by awarding the plaintiff-father sole legal and physical custody of the parties' two children, AW and GW. On appeal, the court rejected the defendant-mother's argument that the trial court...
Holding that the plaintiff did not allege a legally cognizable claim to set aside the foreclosure and sheriff's sale, the court affirmed the trial court's order granting defendants-JP Morgan Chase Bank and Fannie Mae summary disposition in this...
The court affirmed the trial court's order granting defendant-Jaideep's motion to dismiss plaintiff-Inderpreet's complaint for annulment based upon lack of jurisdiction. The parties married in India in 2010, moved to the U.S. in 2012, and resided...
Holding that the plaintiff-buyer failed to establish a genuine issue of material fact that the defendant-title agency breached a term of the parties' title insurance policy contract, the court affirmed the trial court's order granting defendant...
Holding that the trial court did not err in determining that the plaintiff-husband did not own a business that could be distributed as part of the marital estate, or abuse its discretion in denying the defendant-wife's motion for attorney fees and...
Holding that the Guaranty was ambiguous, the court affirmed the trial court's order insofar as it held that Sable (a plaintiff in one of these consolidated appeals and a defendant in the other) was personally liable for the amount of the Promissory...
Holding that the trial court erred by applying the more stringent standard for determining whether there was proper cause or a change in circumstances sufficient to revisit the parenting time order, and that there was proper cause or a change of...
The court held that the trial court did not err in finding that the respondent-trustee of the Rajzer trusts was not required to effect a substitution of property on the petitioner-Rigoni's command, or in its valuation of the membership interests...
Holding that the plaintiff failed to establish a genuine issue of material fact as to all the elements of the common work area doctrine, the court affirmed the trial court's order granting the defendant-general contractor summary disposition....
Holding that the trial court did not err in awarding the plaintiff-mother $10,705 in attorney fees and costs pursuant to MCR 3.206(C)(2)(a) and MCR 2.114(D)-(F), the court affirmed the trial court's order. The award was for fees and costs incurred...
Rejecting the plaintiff-Association's arguments as to why the supermajority provision in the condo bylaws should not be enforced, the court held that the trial court properly granted the defendant-condo unit owner summary disposition on the basis...
Holding that the trial court did not clearly err in making its findings of fact and that the property division was fair and equitable in light of the facts, the court affirmed the property division. However, it vacated the award of attorney fees to...
The court held that the trial court improperly granted the defendants summary disposition on the plaintiffs' malpractice claims and their breach of express warranty claim against defendant-Wright in this case arising from the construction of...
Concluding that the "evidence overwhelmingly showed that the parties intended to share all of their assets" and not to retain any separate property, the court held that the trial court did not err in finding that all the assets at issue were...
The court upheld the district court's decision to dismiss the plaintiffs' action to invalidate their home foreclosure because they failed to establish that the foreclosure proceedings violated Michigan's foreclosure-by-advertisement statute. Their...
The court affirmed the judgment of divorce but remanded for reconsideration of the issues of legal custody and parenting time. On remand, the trial court shall make findings of fact as to each of the statutory best interest factors. On appeal, the...
The court held that the trial court did not abuse its discretion by admitting parol evidence relevant to the meaning of the parties' contract. Thus, it affirmed the jury verdict and the judgment entered for plaintiffs. Plaintiffs-Alvaro and...
The court held that the trial court did not err by awarding part of the defendant's annuity to the plaintiff, by ordering defendant to repay her for paying his student loan, or by dismissing two motions to show cause. The parties divorced in 2014,...
The court held that the trial court did not err by awarding sole legal and physical custody of the parties' son to the defendant-father. After the parties' divorce, custody issues continued. Defendant filed a petition to change custody, and the...
Holding that none of the arguments raised by plaintiff (Wilkes) demonstrated that the circuit court abused its discretion by granting the petition for superintending control, the court affirmed the circuit court order denying his motion for a stay...
The court held that the trial court did not err by granting summary disposition for the defendant (Hrpka) on all of the plaintiff's (Davenport) claims seeking compensation for household services and financial support, except for his unjust...
The court held that the trial court erroneously applied the jurisdictional provisions of the UCCJEA when it failed to consider whether it could exercise jurisdiction under MCL 722.1201(1)(b) and (1)(d). Because there were factual disputes as to the...
In Docket No. 320382, defendants (the Association and several lot owners) failed to show that the trial court erred in holding that the Association lacked authority to limit lot owners to a single camping-related vehicle per lot. In Docket No....
Holding that the defendant-mother's husband (F) was a necessary party to the plaintiff-alleged father's action under the RPA, the court affirmed the trial court's denial of defendant's summary disposition motion and remanded for the addition of F...
While the trial court correctly ruled that defendant-DRC held fee simple title to land encompassed within the boundaries of plaintiff-Parkkonen's parcel description, it erred "in setting DRC's boundary at 1,355 feet above sea level rather than at...
The court affirmed the trial court's property division. The defendant-ex-husband argued that the trial court erred when it treated his pre-marital equity in the marital home as marital property, rather than as his separate property. The parties...
Holding that the separate maintenance judgment was enforceable after the decedent-husband's (Jeff) death, and it converted the parties' properties into tenancies in common, the court affirmed the trial court's grant of summary disposition under MCR...
The court held that the trial court lacked jurisdiction to consider placing title between the three parties, none of whom claimed to currently possess title to the real property at issue. Further, the trial court could have dismissed this case on...
Holding that the the intervening plaintiff-Staffney's claims were barred by laches, the court affirmed the trial court's order granting a directed verdict to the plaintiffs-Lipps, intervening plaintiff-Mulder, and the defendant-city. Staffney, the...
The court held that the trial court did not err by granting summary disposition for the third-party defendant-real estate broker (Sunbay) on defendant-Cottrill's claims alleging negligence and breach of contract. Cottrill hired Sunbay to sell...
The court held that the trial court's decision to award alimony was not an abuse of discretion. However, to "the extent the trial court intended that spousal support would come to a definitive end after six years and could not be revisited," the...
The court held that the trial court did not err by rejecting the plaintiffs' action seeking to enforce an easement against the defendants. Plaintiffs sold defendants a 40-acre plot of land that included an easement for a drainage system (tile line)...
The court held that the integration clause in the lease did not make it patently unreasonable for the plaintiff to rely on the alleged pre-contractual representations, and it reversed the trial court's ruling that plaintiff failed to state a claim...
The plaintiff-wife was not entitled to relief from her final divorce judgment to revisit the disposition of certain real property because she filed her motion more than one year after the judgment was entered. Also, the court upheld the trial...
The trial court did not err by denying plaintiff-husband's motion to vacate the parties' binding mediation award and by incorporating it into the parties' divorce judgment. He argued that the award should be vacated because "he was not afforded due...
The court reversed the probate court's orders granting the petitioner's request for the payment of trustee and attorney fees and costs where, on remand, it failed to make the required findings of fact, and committed clear legal error by stating...
In these consolidated appeals, the court concluded in Docket No. 319145 that while the appellant-law firm was not entitled to some of the requested attorney fees, further proceedings were needed as to a portion of the fees. In Docket Nos. 319723...
