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...
The court held that the trial court properly ruled in favor of the defendant-tenant on the plaintiff-landlord's claim that it breached their lease agreement, and that it properly awarded case evaluation sanctions to the defendant-contractor....
Holding that there was proper cause or a change of circumstances to revisit the custody decision, and that there was clear and convincing evidence that a change of custody was in the children's best interests, the court affirmed the trial court's...
Holding that the plaintiff lacked standing to bring this action to set aside a foreclosure sale, and that she did not meet "the high standard for proving fraud or irregularity," the court affirmed the trial court's order granting the defendant-bank...
The court held that the trial court appropriately adjourned the adoption proceeding in favor of the paternity action, and properly dismissed the adoption proceeding once it held respondent to be the legal father. Petitioners (maternal grandparents)...
The court held that the trial court did not abuse its discretion in awarding the plaintiff-ex-wife attorney fees and costs. Plaintiff showed facts sufficient to justify the award of attorney fees totaling $10,774 and expert fees totaling $3,179.10....
The court held that appellant-Jan Merillat (a beneficiary) did not have standing to appeal the probate court's decision awarding respondent-Humphrey (former trustee) for his services and removing him as trustee of the Jeanice L. Spear Revocable...
Noting that the trial court stated that it found the plaintiff's claims failed factually and legally under MCR 2.116(C)(8) and (10), and that he cited inapplicable case law and to the wrong standard of review, the court affirmed the trial court's...
The court held that pursuant to the MZEA, the defendant-township may exercise its zoning authority over the territory incorporated by defendant-Glennbrook Beach Association, because it is not an incorporated city or village, and it is within the...
In this family dispute regarding ownership interests in real property, the trial court correctly found that the disputed deed effectively conveyed an interest in the land to the defendant, even though it was improperly notarized. The defect in the...
The Chapter 13 debtor could not discharge the creditor-ex-wife's $12,500 claim for payment of a second mortgage and a judgment lien on the former marital home, because this debt was "in the nature of alimony, maintenance, or support." The debtor...
The court held that the trial court did not commit an error law, did not clearly err in its fact-finding, and did not abuse its discretion in entering the three orders for attorney fees at issue in these consolidated appeals. Defendant-ex-husband...
Where the parties owned equal shares of a hunting camp and property, the defendants were entitled to summary disposition on the plaintiffs' claim to compel arbitration and to require the defendants to buy their share of the property. The defendants...
The court concluded that the facts as to whether a defect existed in the defendant-City's sewage disposal system on the date at issue were clearly in dispute, and that there was a question of fact as to whether the City knew or should have known...
Holding that there were no errors warranting relief, the court affirmed the trial court's order compelling the defendant-ex-wife (Hilsen) to pay $2,000 in sanctions to plaintiff-Lough for filing unsupported motions. On appeal, Hilsen contended that...
Holding that MCL 600.3205b(2) authorized defendant-BNY to foreclose on the plaintiffs' property, the court affirmed the trial court's order granting BNY summary disposition. "Plaintiffs did not have standing to challenge the validity of the...
The court held that the trial court properly determined that proper cause or a COC existed to revisit custody. It also held that the trial court did not abuse its discretion in modifying custody and awarding the defendant-mother sole legal and sole...
The court held that MCL 600.5821(2) does not bar claims for adverse possession or acquiescence "unless they occur in an action brought by a municipal corporation for recovery of possession of the property." Thus, the statute did not bar plaintiff's...
Holding that MCL 710.51(6) does not apply to situations in which the parents share joint legal custody of the child, the court affirmed the Court of Appeals' judgment reversing the trial court's order terminating the respondent-father's parental...
The district court properly ruled that a lessee who bought leased property for a price greater than the value of the property could immediately deduct as a business expense the portion of the purchase price it paid to buy the unexpired lease, and...
The court held that MCL 712A.17b(5) requires a trial court to admit videorecordings of a child's forensic interview during a non-adjudicatory stage (here a tender years hearing) and that the trial court clearly erred in not admitting the children's...
Holding that forwarding companies fall within the statutory definition of collection agencies because they solicit claims for collection when they contact creditors seeking unpaid debts to allocate to local collection agents, the court vacated Part...
Finding no error in the trial court's decision to not revert the parties' custodial time to the terms in the divorce judgment (pursuant to a CO), the court held that the trial court had proper cause to modify the prior custody order. Further, there...
Holding that the plaintiffs' rights in and title to the property were extinguished because they waited until after the redemption period expired to file this quiet title action, the court affirmed the trial court's order dismissing their complaint...
The court found no clear error in the probate court's ruling that the funds at issue were raised for the purpose of covering the decedent's (Stephen) medical expenses, and that he "was not the owner of the funds and could not make a gift thereof."...
Holding that the trial court did not err in finding an ECE existed with both parties, or that a change of parenting time was in their child's best interests, the court affirmed the trial court's order increasing the defendant-father's parenting...
The court held that title owners of real property cannot be held liable for a public nuisance arising from that property when someone else is in actual possession of and exercising control over the property, and is the one who created the alleged...
Since it was undisputed that the plaintiff-ex-husband was still employed and was not receiving Social Security benefits, the court held that the plain language of the divorce judgment indicated that the necessary preconditions for the end of...
The court held that the trial court erred by issuing a temporary order granting the defendant-father sole legal and physical custody of the parties' child without holding an evidentiary hearing. It also held that the trial court erred in ordering...
Overruling CR, the court held that the one-parent doctrine is unconstitutional under the Due Process Clause of the Fourteenth Amendment because it allows a court to deprive a parent of the fundamental right to direct the care, custody, and control...
