The trial court properly granted termination of the respondents-parents' parental rights to the child where the statutory grounds for termination were established by clear and convincing evidence and it was in the child's best interests. They pleaded no contest to the statutory grounds §§ (b)(i), (b)(ii), (g), (j), & (k)(iii) and admitted to being the child's sole caretakers. Neither claimed that there was any irregularity as to the pleas. Thus, the argument that there was no clear and convincing evidence to support termination was contrary to the no contest pleas. Regardless, there was clear and convincing evidence to terminate their parental rights under the specified statutory grounds. Although the respondent-mother did not contest the statutory grounds on which the trial court terminated her parental rights, the respondent-father did. Nevertheless, the trial court properly terminated both of their parental rights. In Ellis, as in this case, the "child was not quite seven months old when she was taken to the hospital with life-threatening injuries." The child's treating doctor testified that the "child's injuries were caused by nonaccidental trauma and that it was evident from the various healing stages of her rib fractures that the injuries occurred in multiple episodes." Neither could explain the injuries. Also, in VanDalen, as in this case, the evidence showed that the "child suffered unexplained, life-threatening, nonaccidental injuries while in the sole care and custody of her parents. The child sustained brain and eye hemorrhages, eyelid bruising, and multiple rib fractures that were in various stages of healing, indicating that the harm was sustained over time and in multiple episodes." While it was unclear which respondent caused the injuries, it was clear that "both failed to safeguard her from abuse, and there was a substantial risk of future harm." Finally, the father argued that reasonable efforts to reunify the child with him were not made. The trial court found clear and convincing evidence to terminate respondents' parental rights under (k)(iii), which provides that the "parent abused the child or a sibling of the child and the abuse included '[b]attering, torture, or other severe physical abuse.'" Also, DHHS "'is not required to provide reunification services when termination of parental rights is the agency's goal.'" Termination was the DHHS's goal here. Thus, reunification efforts were not required. Affirmed.Â
The trial court erred in finding that the alleged land contract violated the SOF because it lacked the defendant-son's signature and that defendants should be permitted to amend their complaint.
The case arose from a long-simmering disagreement between the father and his son as to a 10-acre parcel of property. On appeal, defendants argued that the trial court erred in granting the father's motion for summary disposition and abused its...
Holding that the respondent-mother failed to establish that she was entitled to appellate relief, the court affirmed termination of her parental rights to the children.
Respondent contended that the trial court erred by receiving the expert testimony of Dr. C, because the DHHS failed to specifically designate her as an expert on its witness list. She also asserted that C's testimony did not satisfy the...
Holding that the trial court properly granted the defendants summary disposition under the GTLA as to the plaintiff's tort claims, that there was no question of fact as to whether they were unjustly enriched by collecting the fees at issue.
In 2012, plaintiff's then-wife filed for divorce and paid $230 in filing fees. He later filed a motion as to custody of his child in the divorce action, and paid an $80 FOC fee, collected by the clerk of the court pursuant to the former MCL...
The Court of Appeals held that the trial court did not commit clear legal error or infringe upon the defendant-mother's Second Amendment right when it considered her actions with her firearm in its findings and analysis under factor (l).
On appeal, defendant argued that the trial court committed clear legal error and violated her Second Amendment right by punishing her for lawful possession of a firearm in its analysis for best-interest factor (l). However, the trial court did not...
The Court of Appeals held that the trial court erred by granting the defendant-putative father's motion to set aside a default judgment establishing his paternity of the plaintiff-mother's child on the ground that it lacked subject-matter jurisdictio
Plaintiff filed a paternity action claiming defendant was the father of her child. He was eventually served, but claimed the trial court lacked jurisdiction. The trial court disagreed and ordered a paternity test. When he failed to comply, it...
The Court of Appeals held that the trial court did not err by finding the decedent's (J) will valid.
J had two daughters, the petitioner-Kathy Crowder and intervenor-Nancy Baruzzini, and a brother, intervenor-Jack Donaldson, the husband of the respondent-Veronica Donaldson. The will specifically and explicitly disinherited Nancy and Kathy, and...
Holding that the trial court clearly erred in adjudicating the respondent-mother as unfit, the Court of Appeals vacated the trial court's order terminating her parental rights to the child (KLA) and remanded.
She claimed that the trial court erred in adjudicating her as unfit. The trial court erred in finding that jurisdiction was established under MCL 712A.2(b)(2) by a preponderance of the evidence. "Under this statute, jurisdiction may be taken over a...
The trial court did not clearly err in its factual findings or abuse its discretion in the imputation of income, and the spousal support awarded was not inequitable under the circumstances.
Thus, the court affirmed the trial court's order granting spousal support in favor of the defendant-ex-wife for $2,451 per month. On appeal, the plaintiff-ex-husband argued that the trial court erroneously calculated the parties' respective...
Holding that "the common-law affirmative defense of self-defense is available to a defendant charged with CCW for concealing an instrument which is a dangerous weapon only because it is used as a weapon," the Supreme Court reversed the Court of Ap
Defendant was arguing with his wife on the side of the road when two men pulled over. As the situation escalated, one of the men allegedly began choking defendant. Defendant pulled out a utility knife and held it in the air. The men got back in...
The Court of App upheld the trial court's finding that an ECE existed with both parties and a change of custody was not in the child's best interests.
The evidence showed "that the child had resided with plaintiff her entire life, apart from the time spent in defendant's care." Plaintiff testified that she earned a steady income and resided "in a home where the child has her own bedroom....
The Court of Appeals held that the probate court properly refused to apply MCL 700.2114(4), and did not err in finding that the appellant-PR failed to meet her burden in this action involving intestate succession.
Kenneth Koehler passed away with no will, no spouse, no children, and no siblings, and his parents and grandparents predeceased him. His paternal grandfather, Carl Cedric Umble, was killed before his son, Carl Koehler (Kenneth's father) was born....
Holding that the respondents' due process rights were not violated, the Court of Appeals affirmed the trial court's order denying their motion to set aside the judgment of foreclosure in this property tax foreclosure case.
The relevant question was whether respondents "were afforded notice that satisfies due process, not whether petitioner met each provision and requirement of the GPTA." They claimed that because respondent-RFA's "mortgage was recorded before the...
The Court of Appeals held that the trial court did not err by awarding spousal support to the defendant-former husband, or by requiring the plaintiff-former wife to pay some of his attorney fees incurred in their divorce action.
The court rejected plaintiff's argument that the award of spousal support was unfair and inequitable under the circumstances. "Although the trial court imputed $35,000 to defendant in annual income," he was unemployed and needed "to secure and...
Viewing the evidence in a light most favorable to plaintiffs, the Court of Appeals held that the trial court correctly determined the puddle of water constituted an open and obvious condition.
The trial court properly granted summary disposition in defendants' favor. Plaintiff-Janie Burnham (Burnham) slipped and fell in a puddle of water in what the parties describe as the "pit" area of defendant-Hobby Lobby's store. On appeal,...
The Court of Appeals vacated the trial court's voiding of the ex-wife's designation as life insurance beneficiary post-divorce holding that the Personal Representative's petition failed to state a claim for relief.
During their marriage, John designated Nancy as his sole named beneficiary on the group life insurance policy provided by his employer. The divorce judgment included a provision for cancellation of each spouse's interest in any existing life...
The Court of Appeals vacated the Trial Court's termination of respondent-father's rights where he had effectively been deprived of an adjudication hearing.
"The hearing referee who conducted the adjudication trial stated that it was 'enter[ing] a default' against respondent because he failed to appear for the trial." However, there was "no authority for the proposition that a respondent in child...
In failing to apply the "best interests of the child" test, the trial court erred in ordering custody agreement which resulted in a change in the child's custodial environment
Holding that the order failed to appreciate that the shift in parenting time altered the child's ECE, the court reversed the trial court's order and remanded. The order determined the parties' minor child, MS, would attend a particular school and...
A court properly held a non-competition clause in an employment contract to be unreasonable and over-broad
Holding that the noncompetition clause in the plaintiff-employer's employee handbook was unreasonable, the court limited the injunction against "'obtaining employment, either directly or indirectly, from any current or previously contracted client...
A trial court properly granted summary disposition to a property owner where the uneven pavement and dim lighting on his property were open and obvious conditions that were not unreasonably dangerous
The court held that the trial court did not err by granting summary disposition for the defendant-property owner in the plaintiff's premises liability action because "the uneven pavement and dim lighting were open and obvious conditions that were...
The court properly denied a police officer's qualified immunity defense where the officer led a group of alcohol-impaired officers in an attack on unsuspecting plaintiffs
The court affirmed the district court's judgment denying the defendant-police officer's (Officer Flake) defense of qualified immunity on the plaintiffs' claims of excessive force and arrest without probable cause. It dismissed defendant-City of...
A court properly held that an employee does not have a vested right in certain employee benefits
The court held that when "¶ 4.B of the 2010 MOU is read in its entirety, the paragraph is unambiguous and it does not create the vested right asserted by" plaintiff/counter-defendant-Cass. This was a breach of contract action involving a contract...
A circuit court erred in deeming a city noise ordinance as constitutional where the language of the ordinance was vague
Holding that the plaintiff-city's noise ordinance was unconstitutionally vague, the court reversed and remanded for dismissal of the citations against the defendants-bar owners and employee. Defendants were issued the citations on the ground that...
The court properly held that defendant snow removal company was not responsible for any injuries or damages that resulted from the icy or slippery conditions of the property that were contracted to plow
The court held that the trial court applied the correct standard of review in granting the defendant-snow removal company summary disposition under MCR 2.116(C)(8), and correctly determined that the plaintiffs were not entitled to relief under a...
Summary disposition was not proper where a genuine issue of material fact existed regarding whether or not an option to purchase was specifically assigned
Holding that genuine issues of material fact existed as to whether the option to purchase was specifically assigned and whether it was for the land or the land and the restaurant on the property, the court reversed the trial court's grant of...
A court erred in dismissing a breach of contract claim in favor or defendants where a valid lease contract existed between the parties
The court reversed the trial court's grant of summary disposition in favor of defendants on plaintiff's breach of contract claim, and remanded for entry of summary disposition in favor of plaintiff on that claim. It affirmed the trial court's grant...
Sufficient evidence existed to convict a mayoral candidate of vote buying where a person witnessed the candidate giving an individual $20 to vote for her in the election
There was sufficient evidence to convict defendant-Thomasine Robinson, a mayoral candidate in the 2012 election, of "vote buying" where a witness testified that Thomasine Robinson gave her $20 to vote in the election. There was also evidence that...
A court properly held that a petitioner did not present enough evidence to establish undue influence resulted in his disinheritance
Noting that the petitioner's brief made no effort to address the trial court's ruling deeming admitted the respondent-trustee's requests to admit, and concluding that summary disposition for respondent was appropriate under MCR 2.116(C)(10), the...
A trial court property granted summary disposition where a plaintiff could not substantiate their claim that defendant's fence violated a city ordinance
The court held that the trial court did not err by dismissing the plaintiff-landowner's complaint related to the defendant-neighboring landowner's fence and granting summary disposition to defendant. It also found that the trial court did not err...
The Court of Appeals held that the trial court did not clearly err in concluding there was clear and convincing evidence to support terminating the respondent-mother's parental rights or that it was in the child's best interest to do so.
The case "had been pending for well over 182 days and was initiated" in 11/12 "because of respondent's mental health, improper supervision of the child, and inadequate housing. The goals identified for respondent through these proceedings included"...
The Court of Appeals held that the trial court properly terminated the respondent-mother's parental rights to the child where at least one statutory ground for termination existed and it was in the child's best interests.
On appeal, the court rejected her argument that the trial court erred in finding statutory grounds for termination. As to § (c)(i) it noted that given her involvement in domestic violence and her lack of progress, "there was no reasonable...
The Court of Appeals concluded that clear and convincing evidence supported terminating the respondent-mother's parental rights where she made no contact with the child for two years.
The petitioners were the child's grandparents and had a guardianship over him. They presented evidence that "respondent had not had any contact with her son" since 4/13, "after she left him with them and went back to Iowa." While she "testified...
The Court of Appeals held that the petitioner, as the decedent's sister, was an "interested person" and had standing to petition for the appointment of a special PR under MCL 700.3614(b) for the purpose of pursuing a wrongful death action.
The Court of Appeals rejected the respondent's claim that laches barred the petition, and concluded that she failed to establish plain error affecting her substantial rights as to her claims of lack of notice and a hearing. Further, she failed to...
The Court of Appeals reversed the trial court and held that it failed to comply with the Child Custody Act (CCA) in determining custody, schooling, and parenting time and reversed and remanded for a new hearing.
The trial court previously granted the parties joint legal and physical custody of their children with equal and shared authority as to all major decisions affecting them, including schooling. It later amended the order, modifying physical custody...
The Ct. of Appeals reversed and remanded the trial court's order denying the plaintiff-ex-husband's motion to modify alimony based on a Change of Circumstances.
The parties divorced in 2012. On appeal, plaintiff argued that the trial court erred in ruling that the spousal support award was nonmodifiable. The consent judgment included a modification clause. There was nothing in the modification clause that...
The Court of Appeals reversed the trial court and held that plaintiff could sue without first submitting proof of her PIP claims to the defendant-insurer.
The Court of Appeals reversed the trial court's order granting defendant summary disposition and remanded for further proceedings. In 2013, the then-63-year-old plaintiff was riding her bicycle when she was struck by defendant-Solomon's vehicle....
The Court of Appeals affirmed the trial court's termination of the father's parental rights where there was clear and convincing evidence that it was in the children's best interests due to his domestic violence.
The case stemmed from the death of the 16-month-old child of respondent's girlfriend. The child suffered multiple injuries while in his care, and the death was ruled a homicide. A petition was filed to terminate his parental rights to his two...
The court held that the trial court did not err by entering an order, based on the parties' mediation agreement, resolving custody, child support, and parenting time issues without the defendant-mother's signature.
The parties participated in mediation and memorialized the terms of their agreement in a handwritten mediation agreement that they and their attorneys signed. The plaintiff-father's attorney then drafted the appropriate order, circulated it for...
The Court of Appeals affirmed the trial court's order terminating respondent-mother's parental rights because it was in the child's best interests.
The court concluded that she "clearly failed to provide proper care and custody for the two-year old child. The child was found wandering in the parking lot of a motel where respondent went to a party; respondent was unconscious from a heroin...
The Court of Appeals held that the trial court erred by finding the defendant-mother in criminal contempt of court for having the parties' child baptized without informing the plaintiff-father, and by requiring her to pay plaintiff $9,611 in damages,
Plaintiff alleged that defendant's secret baptism of the child and concealment of the baptism was in violation of their divorce judgment, which required their parent coordinator to decide disagreements in the event they could not agree. The trial...