The court held that while the appellant had statutory priority to become PR, the trial court did not abuse its discretion in not appointing him PR of the estate when it admitted the 6/29/05 will to probate. The court also rejected his argument that...
The court held that the trial court erred by relying solely on the referee's findings of fact and not allowing plaintiff to present testimony at the de novo review hearing. The FOC referee granted the parties joint legal custody and the...
The court held that the trial court erred to the extent that it provided for the sale of the fee simple interest of the property, and specifically to the extent that it provided for the sale of the parties' dual contingent remainder interests....
Rejecting the plaintiff's claims that she had standing to bring this action to challenge the sheriff's sale and that defects in the foreclosure process caused her actual prejudice, the court affirmed the trial court's order granting the...
The court held that while the trial court improperly considered the change of domicile factors under MCL 722.31(4) because there was no existing court order governing custody in this case, its ultimate custody decision was not in error. There was...
The court held that the probate court did not err in considering evidence that the respondent-PR owed the estate for an unpaid loan and the probate court's factual findings were not clearly erroneous. It also held that the probate court did not...
The court held that there was no genuine issue of material fact that the defendants-townships' ordinances substantively qualified as zoning regulations and regulated the same subject matter as the county's zoning ordinance. As the county adopted...
The court held that the trial court applied the proper standard of review and did not err by upholding the MCI superintendent's decision to deny the appellant-grandmother's request for consent to adopt. In Docket No. 309161, the trial court denied...
The court held that the trial court did not abuse its discretion in granting the plaintiff-utility (DTE) a preliminary injunction to enter the defendant's property to trim trees and conduct line clearance, and did not violate his due process rights...
Holding that there was no ambiguity in the decedent's will, the court agreed with the respondent that the trial court erred in ruling that a latent ambiguity existed in the will and in allowing extrinsic evidence to be used in determining what this...
The court held that the trial court properly terminated the respondent-father's parental rights to the two children (SK and JK) where the statutory grounds for termination were established by clear and convincing evidence and termination was in the...
The court held that the easement was unambiguous as to its scope. Further, defendant-FNBH did not have the status of "developer" and did not have the authority to modify the recreational use easement. After a series of litigation between...
The court concluded that the probate court did not abuse its discretion in not allowing the respondent's forensic accountant (M) to testify by phone at a hearing, or by denying respondent's request for an adjournment. It also rejected respondent's...
Plaintiff could not show that the statute of limitations was equitably tolled, and, thus, the trial court did not err in granting defendants-Mercedes-Benz USA and Estate Motors' motion for summary disposition because her claims were barred by the...
The trial court did not err by granting the defendant summary disposition on the plaintiff's claims seeking partition of, or one-half the value of, the home she claimed they built together because any agreement was barred by the statute of frauds....
The court held that the parties' antenuptial agreement was valid and enforceable, concluding that to invalidate it on the basis of one party's fault would contravene the agreement's clear and unambiguous language, and that as a matter of law, the...
The court held that the trial court did not err by granting the respondent-trustee's motion to dismiss the petitioner-widow's request to construe a letter as an amendment to the Trust. She filed a request to construe an undated, handwritten letter...
In an issue of first impression, the court held that the trial court, in three separate cases filed by the appellants-individuals, companies, and associations, did not err by granting summary disposition for the appellees-treasurer, county, city,...
The court held that the trial court did not err by denying the defendant-father's motion for change of custody of the parties' minor child, his motion for the disqualification of the trial judge, or his motion for the plaintiff-mother to be held in...
The court held that the trial court did not err by granting summary disposition for the defendants-PNC Bank and PNC Mortgage, or by dissolving the temporary injunction tolling the plaintiffs-trusts' redemption period because defendants did not...
The trial court did not err in refusing to interview the children as to their preferences. Also, the defendant-father failed to show that the trial court's findings were against the great weight of the evidence, or that it erred in denying his...
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...
