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Qualified Domestic Relations Order granted in error

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...

Arbitration decision upheld in land contract dispute

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...

Mother's parental rights terminated for cocaine use

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...

Mortgage not signed by wife declared invalid

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...

Terminated employee fights alleged wrongful discharge

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...

Termination of parental rights upheld

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...

Negligent contractor not entitled to indemnification

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...

Paternity lawsuit dismissed by Court

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...

Indemnity clause in construction contract upheld

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)...

Court finds valid settlement agreement in probate case

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...

Appointment and role of Lawyer Guardian Ad Litem upheld

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...

Court affirms grant of custody to father

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...

Notice valid under Fair Debt Collection Practices Act

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....

Court upholds mother's right to change domicile

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...

Valid mortgage interest found in quiet title action

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...

Access to Duck Lake upheld

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...

Court did not err in awarding mother sole custody

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...

Actual notice not required in quiet title action

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...

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