In light of the undisputed evidence that defendant-Lori Klemm took actions to affirm her husband's (defendant-Jeffrey Klemm) acts, the court held that the trial court did not err in ruling that she ratified the mortgage at issue. Thus, it affirmed...
Concluding that the trial court erred in finding no COC sufficient to warrant revisiting the original custody order, the court reversed the trial court's order denying the defendant-father's petition for a change of custody and remanded for further...
On reconsideration, the court held that the Michigan Supreme Court's invalidation of the one-parent doctrine, made after the trial court issued its order, "requires that the trial court hold an adjudicative hearing for respondent with respect to...
The court held that the defendants-Pastors waived their standing and statute of limitations defenses. It also held that the trial court's finding that the Pastors failed to maintain the drain in compliance with the 2000 court order was not clearly...
The court held that the trial court abused its discretion when it failed to hold an evidentiary hearing after plaintiff-ex-husband in essence alleged that defendant-ex-wife fraudulently obtained the consent judgment. The issue was whether the trial...
The court held that the trial court properly terminated the respondent-mother's parental rights to the child where the statutory grounds for termination were established by clear and convincing evidence and termination was in the child's best...
Holding that the defendant-county treasurer was not liable for the plaintiff-condo association's assessments during the time it held title to condo units that it foreclosed upon, the court affirmed the trial court's order granting defendant summary...
The court held that the plaintiff-DOT could only recover damages for the defendant-billboard owner's cutting and removing of foliage alongside the highway under the HAA only, and not under the RJA and NREPA. It also held that plaintiff could...
The court held that the trial court properly terminated the respondent-mother's parental rights to the two children where at least one statutory ground for termination was established by clear and convincing evidence and termination was in the...
In an order in lieu of granting leave to appeal, the court vacated the part of the Court of Appeals opinion (see e-Journal # 56182 in the 1/28/14 edition) affirming the trial court's ruling that the plaintiffs sufficiently rebutted the statutory...
The court affirmed the trial court's order denying the defendant's (ex-husband) objection to garnishment, originally and on reconsideration. In the judgment of divorce, defendant was ordered to pay the plaintiff (ex-wife) "$20,000.00 as a property...
The probate court did not abuse its discretion when it denied the respondent's (Eric Gala) request for an adjournment. Thus, the court affirmed the probate court's order approving the sale of a parcel of real estate owned by the Chester Gala Trust....
The court held that the trial court did not clearly err in finding that the houses had been uninhabitable for decades, and the trial court properly concluded that the defendants-Bonners' "apparent lack of interest in preventing them from decaying...
The court affirmed the trial court's judgment to the extent it imposed liability on third-party defendant-Dan's Excavating for repairing damage to the stone surface of plaintiff-HFP's property. It also affirmed the trial court's order dismissing...
Holding that the trial court erred by entering the custody order without determining whether an ECE existed and without an adequate analysis of the statutory best interest factors, the court reversed the trial court's order and remanded for further...
The court held that the trial court properly granted summary disposition for the defendant-village on the plaintiffs-property owners' claim that they owned a strip of land between their property and defendant's. Defendant sought to create parking,...
"Keeping in mind that a court has great latitude in determining the value of a business in dividing marital property," the court held that there was no error warranting reversal - the trial court's valuation of one of the parties' businesses...
The court held that the trial court did not err in finding that defendant-David Peterson personally guaranteed the lease agreement with the plaintiffs-landlords, that it applied to all four leases, and that David and an entity he owned...
The court reversed the trial court's order allowing certain payments to third parties from the trust at issue because the payments were not consistent with the trust's purposes - the "health, support or maintenance" of the petitioner's mother...
The court affirmed the six orders entered by the trial court requiring the plaintiff-ex-wife to pay attorney fees and costs incurred by the defendant-ex-husband. Plaintiff argued that the evidence was insufficient to support any award of attorney...
In an issue of first impression, the court held that it is within a trial court's broad discretion "to compel a party to sign a joint tax return when, under all the circumstances, it is in the best interests of the marital estate" and (1) the trial...
The court held that the circuit court did not err by finding that the defendant-father wrongfully exerted dominion over the plaintiffs-children's trust money or by declining to award treble damages, but did err by finding that plaintiffs were...
Holding that because the plaintiff had an exclusive easement over the property at issue, the defendants-Sanfords' later acquisition of an easement over the same property was ineffective, the court affirmed the trial court's order granting the...
The court found no clear error in the trial court's determination that the respondent-mother would not be able to provide proper care and custody within a reasonable time considering the children's ages, and held that the record also supported the...
The court held that the TT's decision upholding the respondent-city's establishment of a special assessment district that assessed additional taxes on the petitioner-property owner's parcels was not erroneous. Petitioner contested the special...
The trial court did not err by granting the plaintiff-father's motion to modify custody, parenting time and support, and to change the domicile of the parties' child. The defendant-mother claimed that the trial court "failed to conduct an...
The court held that the probate court did not abuse its discretion by denying a petition for instruction in which it denied the appellant's request that certain expenditures be reimbursed from the trust. The Kim Marie Edwards Irrevocable Special...
Holding that the plaintiff-homeowner's declaratory judgment action was moot because the trial court already granted her the right to build her fence in its partial grant of summary disposition, the court affirmed the trial court's order, which did...
The court held that while the defendants had standing to raise their claims as to the validity of the foreclosure sale in this post-redemption eviction action, they did not establish the prejudice necessary to set aside the foreclosure by...
Holding that the defendant-township was not authorized by law to adjudicate the alleged dispute between the plaintiff and another property owner, and was not required or authorized by law to enforce any alleged deed restrictions, the court affirmed...
Holding that the trial court erred in failing to divide the marital estate without considering the plaintiff-wife's separate property, as the court specifically required it to do on remand, the court vacated in part the trial court's order entered...
Holding that the TT had jurisdiction over all the tax years at issue, and thus should have accepted in full the parties' stipulation for a consent judgment, the court reversed and remanded to the TT with instructions to enter the stipulated consent...
Holding that the exercise of discretion and judgment by the defendant-Township's building official was clearly involved, the court upheld the trial court's grant of summary disposition to the Township on the plaintiffs' claim for mandamus relief....
The defendants-condo buyers were incorrectly granted summary disposition on the plaintiff-developer's claim for specific performance of the right of first refusal on a condo unit. As the successor of the original developer, plaintiff-Walnut Brook...
Holding that the evidence was sufficient to support the trial court's factual findings as to the valuation of the parties' marital assets, the plaintiff-husband's ownership interests in a business and business property, and his annual income, the...
In an issue of first impression, the court held that petitioner-Family Fare was a "party in interest" per MCL 205.735a(6) since it had a property interest (a leasehold) in the shopping center that was assessed by the respondent-City and was the...
The court held that the trial court's decision to award $500 in attorney fees to the defendant-father related to the plaintiff-mother's motion to modify child support (without giving plaintiff the opportunity for an evidentiary hearing) did not...
The trial court did not err by granting the plaintiff attorney fees and sanctions premised on the defendants' motion for a change of venue in this contract case. The trial court granted the plaintiff $8,400 in sanctions against the defendants and...
While the trial court erred in finding that no presumption of gratuity applied, the court held that it properly denied the plaintiff's summary disposition motion because his credibility was "a central factor" in determining whether an...
Holding that the opinions of the plaintiffs' expert (L) amounted "to nothing more than speculation and conjecture," the court concluded that plaintiffs failed to create a material question of fact as to whether they could satisfy all the...
