Addressing an issue of first impression, the court held that the trial court properly found that the plaintiff-bank was responsible for association dues on a condo unit it foreclosed on from the time it purchased the sheriff's deed at foreclosure....
Concluding that the trial court failed to render a finding as to the children's ECE or to "conduct a proper analysis of the best interest factors," the court held that remand was required as to the award of sole legal and physical custody of the...
Holding that the trial court did not accurately calculate the defendant-father's income and failed to follow the requirements for deviation from the MCSF, the court vacated the child support award and remanded for recalculation of the award. The...
Grace gave her friend appellant-Williams a handwritten document that Williams believed was a holographic will. Grace later met with an attorney about drafting her will. However, she passed away before it could be completed. Williams and...
The court held that there was sufficient evidence to establish, by a preponderance of the evidence, that the respondent-mother neglected the children and failed to provide proper care, that there was a risk of harm to their physical and mental...
Plaintiffs claimed that, while viewing the property, it was represented to them that it included 50 feet of lake frontage. In fact, the "Agent Detail Report" stated that the property is lakefront with 50 feet of frontage. Plaintiffs were told that...
The court held that the trial court erred in granting the respondent-homeowner relief from foreclosure of her property by the petitioner-treasurer for nonpayment of taxes. The trial court granted respondent's motion for relief from the judgment of...
Defendant filed a motion for child support on the ground that plaintiff's remarriage was "a significant change of circumstances in the custodial arrangement." The trial court denied the motion. On appeal, the court rejected the plaintiff-mother's...
In 2004, petitioners' parents executed a quitclaim deed transferring property they owned to petitioners as "tenants in common, each receiving an undivided one-half (1/2) interest." Neither petitioners nor their parents filed a property transfer...
The plaintiff was a urologist. During the marriage, he suffered a spinal injury. When determining his income to calculate spousal support, the plaintiff claimed that his earnings in prior years did not reflect his current earning potential. The...
Respondent argued on appeal that the trial court clearly erred in terminating her rights because termination was not appropriate under § 19b(3)(a)(ii) and because she was not provided reunification services. However, the court concluded that the...
The court held that the probate court abused its discretion in awarding attorney fees and costs incurred in the appeals and the circuit court action for superintending control. The probate court awarded appellee-NK $22,671 in costs and attorney...
The dispute arose from plaintiff's sale of commercial real estate on a land contract to the Verduce Trust. The Verduce Trust argued that the trial court erred in calculating its deficiency after foreclosure of the land contract, contending that...
Plaintiffs alleged that after their landlord defaulted on her mortgage and the property was sold at a foreclosure sale, defendant-Freddie Mac unlawfully evicted them from their rental home. The court noted that many courts have recognized that...
The trial court awarded defendant-wife $10,000, but the reason for this award was "difficult to discern." It appeared that the trial court considered the award to be her share of plaintiff-husband's retirement annuities. "A review of the record...
The court held that the trial court did not abuse its discretion in denying the defendant-father's motion for a change of custody as to the child he shares with the plaintiff-mother. On appeal, the court rejected defendant's argument that the trial...
At the time of his death, the decedent was survived by petitioner, his wife, and two adult children from an earlier marriage, one of which was the respondent. "Disputes arose between petitioner and respondent regarding petitioner's alleged wrongful...
The Michigan Court of appeals affirmed the trial court's termination of the mother's parental rights to the child. She was diagnosed with a debilitating illness known as Huntington's disease. The disease, which has no cure, causes a loss of...
Plaintiffs own a home near Horseshoe Lake. A large tree branch from an undeveloped neighboring lot (Lot 40, a "lake-access" lot) fell through their roof and caused significant physical injuries to both the home and the plaintiff-husband. The court...
Plaintiff brought this quiet title and breach of contract action to enjoin defendant, the assignee of the mortgage, from continuing its foreclosure proceeding against her property. Defendant initiated foreclosure by advertisement when plaintiff...
Holding that the probate court did not abuse its discretion by enforcing the parties' settlement and dismissing plaintiffs' action, the court affirmed. The appeal arose from the settlement of a probate action originally filed by 4 of Elizabeth...
Intervening appellees-Kentwood and Kent County were entitled to include interest and penalties in their property tax liens. Although the trial court erred by concluding that the STC could retroactively revoke the exemption certificates, this "void"...
Holding that there was no genuine issue of material fact that the defendant defaulted, the Michigan Court of Appeals concluded that the trial court did not err in granting the plaintiff summary disposition on the issue of liability. The court also...
There was clear and convincing evidence that the DHS unsuccessfully made the required active efforts to prevent the breakup of the Native American family, and that continued custody of the children by their mother "was likely to result in serious...
The Michgan Court of Appeals held that while terminating the respondent-mother's parental rights was not warranted under § 19b(3)(c)(i), the trial court did not clearly err in terminating her rights under §§ 19b(3)(b)(i), (c)(ii), (g), and (j)....
The Michigan Court of Appeals held that the trial court properly terminated the respondents' parental rights to their three younger children where the statutory grounds for termination were established by clear and convincing evidence and...
The Michigan Court of Appeals held, among other things, that the respondent-Trustee breached his fiduciary duties by failing to administer the RS Trust and the DS Trust in accordance with their terms when he conditioned distribution to some...
The Michigan Court of Appeals held that the defendant-mother's allegations failed to meet the threshold requirement that would have potentially entitled her to an evidentiary hearing. There were no disputed facts before the court. Even if the trial...
Holding that defendant-Bajor did not show that entry of the default and default judgment resulted in manifest injustice, the Michigan Court of Appeals concluded that under the circumstances, the trial court did not abuse its discretion in granting...
The Michigan Court of Appeals held that the statements of one of the children (D) were admissible under MRE 803(24). The court also rejected the respondent-mother's other hearsay claims, and held that § 19b(3)(b)(ii) was established. Further, the...
Holding that the plaintiff's attack on the foreclosure proceeding did not provide a basis for invalidating the sale, the Michigan Court of Appeals affirmed the trial court's order granting the defendant summary disposition. Plaintiff obtained a...
Holding that nothing in the RPA "indicates that DNA results, standing alone, are sufficient to require revocation" of an APA, the Michigan Court of Appeals concluded that the trial court reached the correct result for the wrong reason in denying...
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