The court held that the trial court did not clearly err in finding that both parties had breached the lease agreement or in awarding the defendants-Arnolds two-thirds of the rent owed on the property. However, it held that the trial court abused...
Holding that the defendant-bank was entitled to foreclose on the plaintiff's mortgage because it was both the servicing agent and the mortgagee, the court affirmed the trial court's order granting defendant summary disposition. When defendant began...
The court held, among other things, that the trial court's valuation of $412,000 for the property was within the range of values established by the proofs, and thus, was not clearly erroneous. Also, although the trial court properly considered debt...
The parties' consent divorce judgment did not provide for spousal support, but did address the residence as well as the defendant-ex-husband's pension. As to the pension, the amended QDRO provided that plaintiff would receive payments as soon as...
Plaintiff and defendant, who were never married, had a daughter together. An order of filiation entered in 2002 established the defendant-father's legal paternity. It granted the parties joint legal and physical custody of the child, but did not...
In 1995, the parties entered into a land contract under which the defendant-Menard Builders agreed to purchase property from plaintiff-Emrick. They amended the contract several times between 1995 and 2006. In 2010, Menard Builders informed Emrick...
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 his best interests. On...
Plaintiff performed work for defendant on a Michigan project. The parties are located in Kansas and Tennessee. The parties' "Purchase Order" contained a Tennessee choice-of-law provision. When the defendant did not pay the plaintiff, it sued for...
Plaintiff set aside its foreclosure on defendant's property after being informed that the mortgage did not contain her signature, and sued seeking equitable relief, including a declaration that the mortgage was valid even though it did not contain...
In an order in lieu of granting leave to appeal, the Michigan Supreme Court held that the Court of Appeals erred in its published opinion by ruling that the parents of a man whose parental rights to his children were involuntarily terminated before...
Defendant-Ford Motor was improperly granted summary judgment on plaintiff-EEOC's disability discrimination and retaliation claims because the evidence created a genuine dispute whether the charging party (Harris) was "otherwise qualified" to work...
The court held that the trial court properly terminated both respondents-parents' parental rights to the children where the statutory grounds for termination were established by clear and convincing evidence and termination was in their best...
Plaintiff-Sachse's claim for common-law indemnification failed because it was sued "for its own active negligence" and was not held liable for any wrongdoing allegedly committed by the defendants. Plaintiff, a general contractor for an allegedly...
The court held that the trial court did not abuse its discretion in finding that the plaintiff-mother's proposed move to England and parenting time schedule were not in the parties' child's best interests. It also held that the spousal support...
The court held that the trial court did not err in holding that plaintiff failed to support his motion for summary disposition, and properly granted summary disposition for defendants. Plaintiff filed an action against defendants to quiet title to...
The court held that the "nature of the claim" was an action for paternity, and was properly treated as such by the trial court. Also, plaintiff's claim amounted to an impermissible collateral attack on the termination proceedings, and as such was...
The court held that the pleadings failed to detail how the 2010 Trust was invalid under the MTC, and also failed to sufficiently establish a factual basis for petitioners' assumptions and conclusions. Petitioners' argument was "mere conjecture,...
The court held that MCL 722.954a and MCL 712A.19c apply at different and distinct stages of child protective proceedings. MCL 722.954a creates a preference for placement with relatives, but that preference does not apply to a court's decision as to...
Holding that the plaintiffs failed to state a cause of action on which relief could be granted where they did not file suit until after the redemption period expired, the court affirmed the trial court's order granting the defendant summary...
The court affirmed the trial court's termination of the respondent-father's parental rights to the child under the Adoption Code. Respondent and the petitioner-mother were married in 2000 and had a child together. They divorced in 2003, and the...
Holding that the appellant (the decedent's niece) did not have a legal or enforceable right to obtain formal discovery since there was never a "pending action," the court concluded that her claim the trial court "erred" in closing the estate before...
Finding the analysis and reasoning in each of its unpublished cases on this issue to be compelling, and adopting their reasoning as its own, the court held that by failing to redeem the property at issue within the applicable time, the plaintiff...
The court held that the indemnity clauses in the parties' subcontract applied because the plain language extended to defendant-Ahrens's "failure to undertake corrective work as obligated by the subcontract." Further, the property owner (a YMCA)...
The case involved a family dispute over trust terms and, at its center, the operation of the family business following the death of Richard Gordon. The issue was whether there was an enforceable contract, namely a SA. Appellant's primary argument...
The court held that MCL 600.3204(1)(c) was not satisfied because the mortgage containing the power of sale was not "properly recorded." The ALM that was recorded was "not itself the mortgage and may not be recorded as such." However, because the...
Plaintiff and the other defendant (T), who was not a party to the appeal, owned two tracts of land jointly, which was mortgaged to the bank, with a provision in the mortgage that explicitly permitted it to sell both tracts together in the event of...
Plaintiffs sued defendant (the decedent's long-time business manager and former significant other) seeking to recover funds they claimed she misappropriated. The jury rejected their claim that defendant exerted undue influence on the decedent,...
The trial court did not err by appointing the LGAL after the first full day of the custody hearing because the CCA provides that a court may appoint a LGAL to represent the child at any time. The court also held that while the trial court erred in...
Concluding that the defendant-mother failed to show that the trial court erred in applying the statutory best interest factors, and rejecting her due process challenges, the court affirmed the trial court's judgment of divorce granting the...
The defendant-debt collector was properly granted judgment on the pleadings where it notified plaintiff-debtor that he must dispute the debt "within 30 days of receiving this notice" because the notice complied with the requirements of the FDCPA....
Holding that the trial court did not clearly err in finding that terminating the respondent-mother's parental rights was in the child's best interests, the court affirmed the trial court's order. Respondent did not challenge the statutory grounds...
The court held that the trial court did not err in concluding the plaintiff's sale of the property did not constitute self-help repossession that was an election of remedy barring her breach of land contract action for the deficiency. Further,...
Holding that the trial court properly applied the doctrine of judicial estoppel and granted the defendants' emergency motion to dismiss the plaintiff's case for failure to disclose the claims in her Chapter 13 bankruptcy, the court affirmed the...
Thus, the court affirmed the trial court's order granting plaintiff's motion to change domicile from Michigan to Nevada and denying defendant's motion for change of custody of the parties' child. The court concluded that the trial court's finding...
Defendants foreclosed on plaintiff's property and defendant-FNMA was the highest bidder at the sheriff's sale. Plaintiff then sued to quiet title. On appeal, the court rejected his argument that defendant-Seterus was not a proper party to the...
The parties started dating in 2010. Although they lived together for a time, they never married. They had one child born during the relationship, and, initially, they were able to exercise custody and parenting time without the involvement of the...
Plaintiffs sought declarations or injunctions to the effect that defendants were not permitted to use Duck Lake, or to use it to the extent they were doing so, or that the township was required to so preclude defendants. The trial court granted...
Petitioner sought termination of respondent's parental rights alleging he continued to abuse their children even when supervised by others. The trial court referee held that, in light of the "ongoing custody, support and visitation orders in effect...
The court held that the trial court did not err in awarding the plaintiff-mother sole legal and physical custody of the parties' child. After the parties' divorce trial, the trial court found that awarding physical custody to plaintiff was in the...
Holding that intervening defendant-Sawsan Enterprise received constitutionally adequate notice, the court affirmed the trial court's order quieting title in the real property at issue in plaintiff, who purchased it at auction after a tax...
