In a pretrial ruling, the trial court found that the $170,000 payment was intended as a loan, but further ruled that the terms of the loan should be decided by a jury.
Originally posted on 12/09/2016
Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...
The record reflects that plaintiff refused to cooperate with defendant regarding defendant’s parenting time until the circuit court intervened to enforce defendant’s rights.
The First Amendment was ratified by the requisite two-thirds of Association voters and was recorded with the Wayne County Register of Deeds in October 2018. Developer did not approve the First Amendment.
Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.
Originally posted on 04/12/2017
If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...
In addition, the attorney who assisted with the signings testified that before the signings he talked with JV to see if he understood what was happening and stated that he had no information and observed no signs indicating that JV was not competent.
The trial court found that plaintiff was not willing or able to facilitate and encourage a close and continuing relationship between JB and defendant.
Originally posted on 05/28/2017
When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...
A consent judgment of divorce is to be construed as a contract and to be applied as such. Likewise, a property settlement agreement in a divorce is construed as a contract.
Plaintiff filed a motion for summary disposition under MCR 2.116(C)(9) and (10), requesting that the court foreclose its construction lien and enter judgment for plaintiff in the amount of $213,389.20.
Originally posted on 11/25/2016
Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...
In every services contract, there exists an implied duty to perform in a diligent and reasonably skillful workmanlike manner.
To safeguard the ward’s rights, on a petition to terminate a guardianship, the probate court must follow the same procedures that apply to a petition for the appointment of a guardian.
Before considering a change of custody, a trial court must find that there has been a change of circumstances or proper cause.
Originally posted on 11/07/2016
Whether you a father seeking more parenting time and decision-making power in your child’s life, or you are a mother who is fearful of losing a child, custody battles bring out the worst fears...
Under Michigan law, owners of adjacent property may acquiesce to a property line other than the legal property line by treating a particular boundary as the property line.
D and T began a relationship when D was separated from his wife. After T became pregnant with the minor child, D and his wife reconciled. A few months after the minor child was born.
In May 2015, an order was entered with the consent of the...
The court also found that defendant was largely at fault for the dissolution of the marriage because of his infidelity. The court determined that a 55/45 split of the marital estate in favor of plaintiff was appropriate considering the relevant factors.
Originally posted on 11/02/2016
When considering estate planning, you are probably aware of the role of a will. While the traditional thought associated with a will is how property is handled after death, it can also be used to plan for...
More than five years later, plaintiff initiated a three-count complaint for breach of the right-of-first-refusal agreement, quiet title, and declaratory relief.
An individual designated as personal representative in a decedent’s will has priority of appointment unless he or she is disqualified or subject to a specified exception.
In order to give deference to the decisions of fit parents, it is presumed that a fit parent’s decision to deny grandparenting time does not create a substantial risk of harm to the child’s mental, physical, or emotional health.
This case involves the estate of a doctor whose professional corporation also had to be dissolved upon his death. The personal representative of the estate sold the company’s assets but did not pay off the company’s debts before transferring the proceeds to the estate and distributing them to the heirs.
Originally posted on 10/31/2016
It can be difficult to consider the end of our lives when we are in good health. However, lives can change at any moment, so it is wise to be prepared for any situation that may arise. Despite the many...
Plaintiff supplied technical workers to defendant and retains a percentage of the fees received by the customers for the workers placed with them. The written agreement signed by plaintiff states the following terms regarding compensation: 5%...
In July 1999, plaintiff’s father gifted to plaintiff a 10% interest in Business. Shortly thereafter, in August 1999, plaintiff and defendant were married. Throughout the marriage, plaintiff and defendant maintained separate bank accounts. When...
This case involves a dispute over real property located in Michigan. W and V who are D’s parents, acquired the property. In 1999, W and V conveyed the property to the Trust, to which W is the sole trustee, via a quit claim deed. At some point...
Originally posted on 06/22/2018.
When filing for divorce in Michigan, you may seek alimony, spousal support, from their spouse whenever they require financial aid. A judge may order your spouse to pay certain alimony. However, it depends...
Defendant was arrested at a gas station for carrying a concealed weapon without a concealed pistol license (CPL). The arrest was conducted by Police Officers, they saw defendant with a partially concealed handgun in his waistband from their vehicle...
Defendant argued that plaintiff does not have authority to foreclose on his property solely because of unpaid fines.
A patent ambiguity exists if an uncertainty concerning the meaning appears on the face of the instrument and arises from the use of defective, obscure, or insensible language.
Originally posted on 10/11/2019.
At one point or another, we have all made mistakes. For some people, those mistakes involved breaking the law. Convictions have a large impact on someone’s life. Beyond the sentencing ranging from...
This case arises out of competing petitions for probate. On November 19, 2018, Defendant initiated this case by filing a petition for probate, attaching Decedent’s death certificate and purported last will and testament, dated March 9, 2007,...
Plaintiff first testified that she and defendant purchased the marital home in 1995. At the time the first default judgment of divorce was entered in September 2017, plaintiff had the home appraised. The value of the home was determined to be...
Defendant developed the Stone Valley Development, a residential development, and conveyed to plaintiffs by warranty deeds Lots 1, 2, 3, 5 and 6. The Stone Valley Development is subject to a Declaration of Easements and Restrictive Covenants (DERC)...
In a separate case, defendant’s parents filed a petition to terminate plaintiff’s parental rights and adopt RM on the ground that plaintiff had been absent from RM’s life for over three years. One month before the petition was...
FACTUAL BACKGROUND
On September 30, 2013, plaintiff filed for divorce. On November 14, 2013, the court entered an order for custody and parenting time awarding plaintiff and defendant joint legal and joint physical custody of the child. On...
BACKGROUND
Plaintiffs’ suit primarily alleges that defendant is conducting rental activity on its property in violation of the Manchester Township Zoning Ordinance (MTZO). Plaintiffs requested an order enjoining defendant from operating a...
Unfortunately, COVID-19 has resulted in many bankrupt restaurants. A lot of restaurants had to close their doors because of the pandemic and the social distancing regulations that were put in place. If your business has not been able to ride this...
