In his motion for a new trial, defendant claimed to possess text messages—found sometime after trial concluded—apparently demonstrating (1) sexual infidelity by plaintiff, (2) that plaintiff suffered from undisclosed health concerns, and (3) that plaintiff was deceitful during her trial testimony.
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Plaintiff and defendants agree that there was no writing in this case. Thus, the agreement’s terms determine whether it falls within the statute of frauds.
The insurance company refused to pay the $35,000 in death proceeds to plaintiff, maintaining that the policy had lapsed in 1999 for nonpayment of premiums.
FAMILY LAW 42: Motion to modify custody denied due to lack of supporting affidavits or documentation.
The lack of substantiation, again and again, could reasonably call into question plaintiff’s motives and credibility on all matters. The trial court appeared more than open to further considering a motion to modify custody if plaintiff would come forward with supporting documentary evidence, explaining why the court took the unusual step of denying the motion without prejudice.
WILLS/TRUSTS 21: Plaintiff alleged the University failed to use the funds consistent with the terms of the trust.
On April 23, 2018, plaintiff filed suit, alleging (1) breach of contract, namely the University’s failure to use the funds consistent with the terms of the Gift Agreement, and seeking damages or specific performance; (2) breach of fiduciary duty, on account of the University’s failure, as trustee of the charitable trust established by Professor’s gift, to comply with the terms and conditions of the resulting charitable trust; (3) violation of the Uniform Prudent Management of Institutional Funds Act, MCL 451.921 et seq.; and (4) the need for injunctive relief prohibiting the dissipation of funds during the pendency of the case.
Coming to the end of a happy time is a challenge no one wants to deal with in life. The end of a marriage through a divorce can especially be a tough, emotional, and complicated period. Lawyers and judges deciding your future, remembering important...
CONTRACTS 8: Plaintiff claims under the Michigan Consumer Protection Act that towing compacity was misrepresented.
Plaintiff commenced action against defendant seeking damages since the TRUCK cannot safely tow the fifth-wheel trailer. Plaintiff alleged fraud and innocent misrepresentation.
FAMILY LAW 41: To minimize disruptive changes in children’s custody, moving party must establish cause or a change of circumstance.
To minimize unwarranted and disruptive changes in children’s custody, a trial court may only modify children’s custody if the moving party first establishes a proper cause or a change of circumstances. The purpose of this framework is to erect a barrier against removal of a child from an established custodial environment and to minimize unwarranted and disruptive changes of custody orders.
According to E’s affidavit, he disbelieved the validity of the May 2016 Will, but apparently, he took no further action regarding the Will or the coins at that time.
DIVORCE 35: Proceeds received by one spouse in a personal injury lawsuit are generally considered separate property.
Proceeds received by one spouse in a personal injury lawsuit meant to compensate for pain and suffering, as opposed to lost wages, are generally considered separate property. Moreover, separate assets may lose their character as separate property and transform into marital property if they are commingled with marital assets and treated by the parties as marital property.
Governmental entities are generally immune from tort liability. A governmental entity can only be subject to suit if a plaintiff’s case falls within a statutory exception. As such, it is the responsibility of the party seeking to impose liability on a governmental agency to demonstrate that its case falls within one of the exceptions.
PROBATE 32: Can you file a breach of fiduciary duty complaint for a disagreement related to the estate?
Plaintiff argued that defendant’s fiduciary duty was to accede to plaintiff’s precise demands and make decisions about matters involving the estate that were in accordance with the outcomes plaintiff desired. Clearly, this is not the nature of a personal representative’s fiduciary duty.
The second amendment to the lease was not provided to plaintiff during the negotiations.
Creating a mutually beneficial real estate deal usually goes through smoothly with both sides presenting their interests then negotiating toward a middle ground they can both agree to uphold. Unfortunately, not all deals go through without an issue....
FAMILY LAW 40: Trial court found that the children’s unexcused absences justified a reevaluation of the last custody order.
Defendant sent plaintiff text messages strongly indicating that she would not comply with the order limiting her parenting time, the trial court entered a second ex parte temporary order suspending defendant’s parenting time, which was later modified to grant defendant supervised parenting time.
The party claiming a prescriptive easement has the burden of establishing entitlement to the prescriptive easement by clear and cogent evidence. An easement by prescription results from use of another’s property that is open, notorious, adverse, and continuous for a period of fifteen years.
Without a validly executed will, your estate will pass by the rules of intestate succession at the time of your passing, which may or may not achieve your goals.
Even viewed in the light most favorable to plaintiffs, the deeds make it clear that neither plaintiffs nor their predecessors ever had an ownership interest in the western 10 feet of Lot 56.
FAMILY LAW 39: If postnuptial agreement seeks to promote marriage, Michigan courts may enforce the agreement.
Under Michigan law, a couple that is maintaining a marital relationship may not enter into an enforceable contract that anticipates and encourages a future separation or divorce. If a postnuptial agreement seeks to promote marriage by keeping a husband and wife together, Michigan courts may enforce the agreement if it is equitable to do so.
At the outset of the ensuing hearing, the trial court expressed its frustration with plaintiff’s continued failure to comply with the court’s orders, describing the situation as beyond ridiculous.
A party may file a third-party claim as of right within 21 days after his or her original answer is due. Otherwise, leave on motion with notice to all parties is required.
The doctrine of acquiescence provides that, where adjoining property owners acquiesce to a boundary line for a period of at least fifteen years, that line becomes the actual boundary line. The underlying reason for the rule of acquiescence is the promotion of peaceful resolution of boundary disputes.
PROBATE 31: What does a court need for a determination that an individual continues to be involuntarily hospitalized?
Before ordering a course of involuntary mental health treatment or of care and treatment at a center, the court must receive a written report or oral testimony describing the type and extent of treatment that will be provided to the individual and the appropriateness and adequacy of this treatment.
Educational costs continue to climb. Parents and grandparents looking for a way to ensure the educational experiences of their family members have a solid foundation without placing an undue burden on them can use an educational trust. This post...
Trial courts may only appoint co-personal representatives if the intended parties agree to the shared status.
FAMILY LAW 38: Trial court did not consider joint physical custody an option because both parties requested sole physical custody.
Because the trial court found that an established custodial environment existed with both parties and acknowledged that plaintiff’s request for sole physical custody would change the established custodial environment, it held plaintiff to the appropriate clear and convincing evidence standard of proof.
Major changes could be coming to smokers in Michigan in the months to come. On Wednesday, September 4, Governor Whitmer declared a ban on flavored e-cigarettes. Her announcement came out based on the state health department finding youth vaping...
REAL ESTATE 43: Action shall not be brought against a financial institution unless the commitment is in writing and signed with an authorized signature.
MCL 566.132(2) provides an action shall not be brought against a financial institution to enforce any of the following promises or commitments of the financial institution unless the promise or commitment is in writing and signed with an authorized signature by the financial institution.
Plaintiffs took possession of the property on or about May 1, 2017. Shortly thereafter, plaintiffs contacted the Defendants and asked for certain fixtures to be returned. The Defendants refused, stating that the fixtures were not part of the sale.
PROBATE 29: Denied petition for PR removal because decedent’s brother was not the real party in interest.
An interested person may petition for removal of a personal representative for cause at any time. As the decedent’s surviving parent, the decedent’s mother qualified as an interested person who had a claim against the intestate estate of the decedent
Plaintiff and defendant were married in December 2008 and had one minor child born during the marriage, AM. Plaintiff also had a daughter from a prior marriage, who is not at issue in this matter. During the parties’ marriage, plaintiff was...
The trial court held that in the absence of a written agreement, plaintiff was not entitled to have the house conveyed to her because an oral agreement to transfer the house was barred by the statute of frauds. The trial court entered an order dismissing plaintiff’s claim for quiet title to the house and dismissing defendant’s counterclaim.
Plaintiff requested sole legal custody, arguing that she and defendant had difficulty co-parenting and that defendant would not agree to medical treatment for the diagnosis and treatment of ADHD, need for orthodontic work, and need for vision testing and glasses. Plaintiff also requested an alternating weekly or biweekly schedule during the summer, which would increase her overall parenting time.
Understanding your legal rights often makes the difference between civil interactions with law enforcement and you facing severe consequences. A shoplifting conviction can be embarrassing and even worse can mean greater difficulty in getting a job...
REAL ESTATE 41: An assertion of jurisdiction over property is anything but an assertion of jurisdiction over the owner.
Defendant contends that LLC did not provide him with adequate notice of its claim for possession
FAMILY LAW 36: Trial court found proper cause because health and education are important subjects relating to custody.
The trial court found that proper cause was established because the children’s health and education are two very important subjects relating to custody. When parents cannot agree on a child’s medical treatment and educational course, these topics can have significant effects on a child’s well-being.
WILLS/TRUSTS 18: Probate court erred in concluding that a statute of limitations barred plaintiffs’ claims challenging the Trust.
Plaintiffs requested a declaration that all amendments to the Trust executed after April 2007 were void because Settlor did not have capacity to execute them, and because Settlor was unduly influenced by her son.
MCL 211.7cc(2) provides that an owner of property can claim the PRE by filing an affidavit that must state that the property is owned and occupied as a principal residence by that owner of the property on the date that the affidavit is signed and shall state that the owner has not claimed a substantially similar exemption, deduction, or credit on property in another state.
As of the 2018 election, Michigan voters approved the possession, use, and sale of recreational marijuana in Michigan. The ballot initiative passing sent ripples through Michigan’s marijuana regulatory agency that will impact the current...
In this case, plaintiff received approximately $57,000 or $67,000 from her parents. The trial court included the money from plaintiff’s parents as income for its 2017 child support calculation.