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...
The court held that the trial court properly denied the plaintiff-property owner's (Hogg) motion for summary disposition, and properly granted the defendants-association (FLA) and property owners' motion for summary disposition, because FLA may...
In a matter of first impression, the court held that the plaintiff could not establish standing under MCL 722.1441(3)(a) in light of his testimony that he knew the defendant was married before her divorce was finalized. Further, his claim under MCL...
The court held that the trial court properly concluded that the redemption period ended one year from the date of the recording of the deeds, and thus properly granted summary disposition for defendants-Daryl Repokis (Repokis) and Harsens Island...
A probate judge did not err by setting aside the defendants' acceptance of the case evaluation award and the judgment, or in summarily dismissing the plaintiffs' undue influence and conversion claims. The case evaluation panel failed to make...
The court held that the trial court properly awarded case evaluation sanctions for the defendant-landlord in the amount of $8,600 plus interest. Plaintiff sued defendant for wrongful eviction after defendant ordered him to vacate the premises and...
The court held that the trial court properly granted the plaintiff-ex-wife costs in the amount of $456. During the parties' divorce proceedings, the defendant-ex-husband filed two motions regarding custody. The referee found both of the motions...
Holding that the statute of limitations began to accrue in 2006, when the act and the injury first occurred with the drainage ditch expansion, the court concluded that the plaintiff's 2011 trespass and nuisance action was untimely. Thus, it...
The parties' prenuptial agreement was valid and "changed circumstances" did not warrant a finding that enforcement of that contract was "unfair or unreasonable." The court also held that the defendant-husband's separate assets could be invaded and...
The trial court erred in granting summary disposition in favor of defendants-Jesse and Laura Schramm as to plaintiffs' claims against them for personal liability. The parties' land contract provided that, generally, "Buyer shall not assign, sell,...
The court held that the trial court did not clearly err in finding that the trial testimony failed to prove the existence of the purported agreement as to life insurance policy beneficiary designations. Prior to the decedent's death, he and the...
Holding that the trial court did not abuse its discretion, the court affirmed its order granting the plaintiff-mother's motion for change of domicile and denying the defendant-father's motion for change of custody. Plaintiff moved to change the...
The court held that the trial court did not abuse its discretion in declining to alter custody because the defendant-mother did not establish proper cause or a change of circumstances sufficient to justify revisiting the custody arrangement...
In Docket No. 315642, the trial court properly granted summary disposition in favor of defendants-the Saugers because plaintiff failed to state a claim for silent fraud. Further, he was not permitted to amend his complaint to add a cause of action...
The court held that the trial court did not err in granting the plaintiff-bank's motion for summary disposition in its foreclosure action against the defendants. Plaintiff filed a complaint for termination of tenancy in the district court after...
The court reversed the trial court's ruling that the marital home was the plaintiff-wife's separate property and vacated the portion of the judgment deferring the valuation and disposition of her business for a year's time. Even though the marital...
The court held that the MTT erred as a matter of law in upholding the respondent's determination that the petitioners were not allowed to claim the PRE on the property at issue "because Michigan law does not require both spouses to be residents in...
Holding that the trial court did not clearly err in failing to consider a guardianship for the child or in finding that terminating the respondent-father's parental rights was in the child's best interests, the court affirmed the trial court's...
Concluding that the conclusory allegations in the affidavits of the plaintiff and her son did not address the evidence defendants presented, the court held that in light of this "uncontroverted evidence, plaintiff's claim of adverse possession and...
The court held that the trial court had subject matter jurisdiction over the petitioners-grandparents' motion for grandparenting time, and that MCL 722.27b is not unconstitutional. It also concluded that "the trial court properly ruled that...
Holding that the notice the defendants provided to the plaintiffs as to the foreclosure process was insufficient to inform plaintiffs of their right to modify the mortgage loan to avoid foreclosure, the court reversed the trial court's order...
The court held that the trial court's finding that an ECE existed solely with the plaintiff-mother was not against the great weight of the evidence, it did not err in awarding her sole custody of the children, and under the circumstances, it was...
The court reversed the trial court to the extent that it ruled the defendants-property owners must enter into contracts related to connecting to the plaintiffs-townships' sewer system, but affirmed to the extent the trial court required defendants...
The court held that the trial court did not err in rejecting the plaintiff's claim for slander of title. Defendants originally sued a non-party, B, for defamation, and received a judgment in their favor. In attempting to collect on the judgment,...
The court held that the trial court did not err in using the income method to value the defendant-ex-husband's tire business, but did err in calculating the business's liabilities. It also held that the trial court erred in determining defendant's...
Holding that there were genuine issues of material fact as to whether the defendant-Road Commission abused its legitimate powers in filling a hole and as to causation, the court reversed the trial court's order granting the plaintiffs' motion for...
The trial court did not clearly err in finding that the children's father, JH, substantially complied with the support order. The trial court also properly found that the children's mother, MH, failed to prove by clear and convincing evidence that...
The court held that the trial court erred in finding that it lacked subject matter jurisdiction to hear the plaintiff's claims. Plaintiff sued defendants, alleging violation of the anti-lockout statute, statutory conversion, violation of MCL...
Holding that the respondent-mother "enjoyed constitutional and statutory rights to appointed counsel when the L-GAL sought termination of her parental rights" in a prior appeal, the court vacated the order terminating her rights and remanded for a...
The court reversed both the trial court's order after a bench trial finding for defendant-AT&T, and its order granting in part AT&T's motion for directed verdict as to plaintiff-D'Andrea, dismissing his claims in their entirety. It directed...
The court held that the defendants were not entitled to appellate review because they never moved to set aside the trial court's entry of default. After entering a judgment of divorce, the trial court entered multiple orders compelling...
The court held that the trial court erred in concluding that the trustee-bank could entertain an unsolicited offer to purchase the property at issue (lake cottages) without the consent of the settlor's children. Thus, it reversed the trial court's...
The court held that the trial court did not err in allocating the parties' assets, valuing their marital property, or calculating spousal support, but erred in denying the defendant-ex-husband's request for attorney and expert witness fees. Thus,...
Noting the absence of Michigan cases addressing whether a neighbor has constitutionally protected property rights in the enforcement of zoning ordinances on adjacent property he does not own or use, the court held that the plaintiff-trust could not...
The court held that the trial court did not clearly err when it found that the plaintiff's claims against the defendants disputing the existence of an easement were frivolous and that sanctions against plaintiff's counsel were appropriate pursuant...
