The parties entered into a consent JOD that covered custody and property division. It also reserved the issue of spousal support "until the expiration of four years from the date of entry of this Judgment of Divorce." Defendant later moved for spousal support claiming her circumstances had changed dramatically. The trial court agreed there had a been a substantial change in circumstances, but denied her motion on the ground that it lacked the authority to consider an award of spousal support prior to expiration of the four-year period subsequent to entry of the JOD. On appeal, the court found that the trial court properly interpreted the spousal support reservation clause in the JOD to preclude consideration of a petition for spousal support during the four years following entry of the judgment. It noted the meaning of the clause is that "the trial court will 'defer' (or continue to defer) or 'hold back' its decision on the matter of spousal support 'to' (the specified time of) four years after the date of entry of the parties' JOD. In other words, an award of spousal support is not available until after expiration of the four-year period following entry of the JOD. As the second sentence of the paragraph indicates, the trial court may award spousal support to whichever party is able to show a substantial change in circumstances after expiration of the four-year period. 'Thereafter' refers to after the four-year period, and 'if no spousal support is ordered' clearly suggests its alternative, which is that the trial court may award spousal support after expiration of that period." The court acknowledged that the second sentence is "somewhat vague as written because it does not indicate for how long after expiration of the four years the parties may file a petition for spousal support." However, "both plaintiff and defendant testified at the hearing on defendant's motion for spousal support that, at the time they entered into the consent judgment, each contemplated that the substantial change in circumstances would be something that had occurred during the four-year period."The parties entered into a consent JOD that covered custody and property division. It also reserved the issue of spousal support "until the expiration of four years from the date of entry of this Judgment of Divorce." Defendant later moved for spousal support claiming her circumstances had changed dramatically. The trial court agreed there had a been a substantial change in circumstances, but denied her motion on the ground that it lacked the authority to consider an award of spousal support prior to expiration of the four-year period subsequent to entry of the JOD. On appeal, the court found that the trial court properly interpreted the spousal support reservation clause in the JOD to preclude consideration of a petition for spousal support during the four years following entry of the judgment. It noted the meaning of the clause is that "the trial court will 'defer' (or continue to defer) or 'hold back' its decision on the matter of spousal support 'to' (the specified time of) four years after the date of entry of the parties' JOD. In other words, an award of spousal support is not available until after expiration of the four-year period following entry of the JOD. As the second sentence of the paragraph indicates, the trial court may award spousal support to whichever party is able to show a substantial change in circumstances after expiration of the four-year period. 'Thereafter' refers to after the four-year period, and 'if no spousal support is ordered' clearly suggests its alternative, which is that the trial court may award spousal support after expiration of that period." The court acknowledged that the second sentence is "somewhat vague as written because it does not indicate for how long after expiration of the four years the parties may file a petition for spousal support." However, "both plaintiff and defendant testified at the hearing on defendant's motion for spousal support that, at the time they entered into the consent judgment, each contemplated that the substantial change in circumstances would be something that had occurred during the four-year period."
Holding that a genuine issue of material fact existed as to which party breached the contract, the court reversed the trial court's order granting the plaintiffs summary disposition and remanded for further proceedings.
The parties entered into a purchase agreement for the defendants to sell the plaintiffs a parcel of land in exchange for $101,000 and a 1950 pickup truck. The trial court found that defendants wrongfully retained possession of the truck after the...
Holding that the property division was fair and equitable, but that remand was necessary for the trial court to recalculate the parties' income and recalculate the child support award, the court affirmed in part, reversed in part, and remanded.
The parties raised several issues as to whether certain property was separate property or marital property subject to division. The defendant-ex-wife argued that her premarital Gentex stock was erroneously classified as marital property. The trial...
The Court of Appeals affirmed the trial court's granting of a change of domicile.
Defendant-father did not challenge the trial court's findings as to factors (d) and (e). As to (a), he took "issue with plaintiff's relinquishment of her current employment" in Michigan "for uncertain employment in Texas. While this is a concern,"...
The court held that that probable cause existed to search the defendant's home.
She was convicted of possession with intent to deliver less than 50 grams of cocaine, possession of morphine, and two counts of felony-firearm. The trial court denied her motion to quash the search warrant, suppress the evidence seized, and dismiss...
Holding that the trial court did not err in finding that statutory grounds supported terminating the respondent-mother's parental rights, or in finding that doing so was in the child's best interests, the court affirmed the order terminating her righ
She argued on appeal that there was insufficient evidence to support a statutory ground for termination due to the failure to offer her services and parenting time. The DHHS "sought termination at the initial dispositional hearing." Thus, it was...
The trial court properly issued an order finding the defendant-ex-husband guilty of criminal contempt for willfully violating an order of the trial court in a pending divorce case.
The plaintiff-ex-wife filed a motion to hold defendant in contempt for violating the mutual restraining order by emailing a bank in India, which managed the account plaintiff used to pay her employees, directing it to stop "any kind of outgoing...
Holding that willful absence is a factual question that may concern more than physical proximity & the court's decision to remove appellant as PR & replace her with a neutral 3rd party within possible outcomes, the court affirmed.
James died intestate 2012. He was survived by his spouse, appellee-Maggie, and 10 children. These consolidated appeals involved a dispute over the assets remaining in his estate. The primary issue in Docket No. 323387 concerned whether Maggie, who...
The court held that the probate court erred in construing MCL 700.2801(2)(e)(i) "to require proof that a spouse intended to give up his or her marital rights before he or she will be deemed not to be a surviving spouse" under the statute.
At the time of his death, Lyle was living with a woman with whom he had a long-term extramarital affair. The court agreed that "the phrase '[w]as willfully absent,' as used in MCL 700.2801(2)(e)(i), refers to physical absence." The physical...
The court held that the trial court did not err by awarding the defendant-mother's costs & attorney fees incurred in her defense of the plaintiff-father's motion to hold her in contempt for violating MCL 552.603b.
The Court of Appeals affirmed the trial court's award of costs and attorney fees, but vacated the $100 fine. A support review resulted in a reduction of plaintiff's monthly support obligation. Defendant filed an objection to the support...
The court held that the trial court erred by awarding attorney fees to the defendant-father.
Defendant and the plaintiff-mother are the parents of an eight-year-old girl. The trial court awarded sole physical custody of the child to defendant with 6 hours of supervised parenting time per week to plaintiff, dependent on her psychological...
The trial court properly concluded that defendants failed to establish they held an easement by necessity, a quasi-easement, or an easement by prescription.
The court affirmed the trial court's judgment in favor of plaintiff, which enjoined defendants from using the well and waterline at issue, and awarded plaintiff $186.04 in costs. The case involved a property dispute arising from defendants' use of...
The Court of Appeals held that the defendants weren't entitled to an affirmative defense under § 8 because neither of them served as a "primary caregiver" or "patient" when they operated the cooperative growing operation & medical marijuana dispensar
Thus, it affirmed the trial court's orders denying their motions to dismiss and preventing them from raising the defense. The trial court found Bylsma "failed to establish that he was entitled to immunity under § 4, and because his entitlement to...
The Court of Appeals affirmed the amended divorce judgment awarding half of the defendant-ex-wife's severance package to the plaintiff-ex-husband even though they were separated when the severance was given.
It noted that the fact "the parties are separated when an asset is received does not change the general rule that an asset earned during the marriage is part of the marital estate." Since the release agreement defendant executed with her former...
The court held that the trial court erred by ruling that a document that purported to be the decedent's last will and testament was not a valid holographic will.
Decedent wrote out a will while waiting at his lawyer's office, and the lawyer's secretary notarized it. He later committed suicide. The police officers investigating the matter turned over the letter and a copy of the will to the appellant and...
Holding that the trial court properly found at least one statutory ground for termination and that termination was in the best interests of the children (JW and AW), the court affirmed termination of the respondent-mother's parental rights.
The trial court terminated her parental rights under § (g) after finding that she physically abused the children throughout the proceedings and that further services would not cure the problem. The record reflected that in 6/13, when "AW was about...
Holding that the respondent-mother's plea was knowingly, understandingly, and voluntarily made, the court affirmed the trial court's order authorizing a guardianship over the children pursuant to MCR 3.979(B).
The children were removed from her care in 2013 "based on various allegations relating to the deplorable conditions" of the home, the "lack of education being provided to the children," and her "failure to adequately address her mental-health...
The court affirmed the trial court's dismissal of plaintiff's breach of contract claim and reversed the denial of defendant's motion for summary disposition of plaintiff's remaining claims.
Defendant argued that the trial court should have dismissed plaintiff's remaining claims-unjust enrichment, implied contract/quasi-contract, fraud, and breach of fiduciary duty-under MCR 2.116(C)(10) because of the express terms of the LCC...
The court held that the jury's verdicts were not against the great weight of the evidence, that the prosecution did not commit error, and that the defendant was not denied the effective assistance of counsel.
He was convicted of possession with intent to deliver less than five kilograms of marijuana, and felony-firearm. The court rejected his argument that the jury's verdicts were against the great weight of the evidence. As for his possession with...
The court held that the trial court properly terminated the respondent-mother's parental rights to the children, and the respondent-father's parental rights to one of the children, where at least one statutory ground for termination existed.
It rejected the father's argument that the trial court erred by not holding the DHHS in contempt for failing to provide him with free therapy. It noted there was "no indication that the caseworker willfully defied the court's order to provide...
The court held that because reasonable reunification efforts were made, providing the respondent-mother with a meaningful opportunity to participate in the proceeding, the DHHS did not violate her due process rights.
It rejected her claim that the DHHS failed to obtain a workbook recommended by a doctor following her psychological evaluation, noting that "ample efforts" were made by the caseworkers to obtain it, and that respondent was worked with on the issues...
The court held that the trial court did not err by denying the defendant's motion seeking custody of and parenting time with the plaintiff-father's son.
The parties were married, but had no children. The child was conceived out of an affair between plaintiff and another woman. The child eventually came to live with plaintiff and defendant, but they eventually divorced. Defendant sought custody and...
The court held that the probate court erred when it applied principles of preclusion to petitioner-Bibi's petition and the circuit court erred when it affirmed the probate court's order.
The case arose out of a guardianship dispute between the minor wards' grandmothers, which arose following the entry of a consent judgment in an earlier Canadian proceeding. On appeal, Bibi argued that the probate and circuit courts erred in...
The court concluded that the trial court did not err in finding that the defendant-wife "satisfied the residence requirements of MCL 552.9(1) under the specific circumstances of this case."
It was undisputed that, at the start of both residency periods, neither party was physically located in Michigan. "However, a party's 'continuing physical presence' in the state or county for the entirety of the state and county residency periods...
The Sixth Circuit held that Defendant, who assaulted his neighbor with a machete over "uncollected dog deposits," unsuccessfully challenged his five-year sentence for violating the terms of his supervised release when he admitted to violating a state
The Sixth Circuit Court rejected Walker's argument that he was entitled to rely on Alabama's self-defense law because he "admitted that he violated the terms of his supervised release by 'committ[ing] a state law violation[.]'" Once he...
The trial court properly terminated the respondent-father's parental rights to the child where at least one statutory ground for termination was established by clear and convincing evidence and termination was in the child's best interests
In 5/14, the trial court ordered him to comply with a PAA. At the first review hearing in 7/14, he "admitted to relapsing into drug use and tested positive for cocaine." The trial court warned him that his "parental rights would be terminated if he...
Because the respondent-mother was found to be unfit as a parent and because her rights yielded to the State's interest in protecting the child, her constitutional rights as to the child were not violated, and there was no plain error.
Respondent's sole argument on appeal was that she has a constitutional right to parent her child. Although she was generally correct that "parents have a fundamental right to parent their children," the trial court did not err in terminating her...
The court held that the trial court did not err by granting summary disposition for the defendant-loan servicer on the plaintiffs' claims seeking to enforce a loan modification agreement.
Plaintiffs sought a declaration that the agreement with defendant was a binding contract, and that defendant breached it as well as the implied covenant of good faith and fair dealing. On appeal, the court rejected plaintiffs' argument that the...
Concluding that the evidence did not support the claim that the victim (M) was in the process of breaking or entering when the defendant shot her, the trial court did not abuse its discretion in denying his request for a self-defense jury instruction
Thus, the court affirmed his convictions. However, as to his sentencing, it remanded for Crosbyproceedings pursuant to Lockridge. He was sentenced to concurrent prison terms of 15 to 30 years for the murder conviction and 7 to 15 years for the...
Concluding that the appellate record was insufficient to determine whether the underlying support agreements were valid, the court could not determine whether the trial court abused its discretion by denying modification of the agreements.
The Court of Appeals reversed the trial court's orders denying appellant-Ellis's (mother) motions, and remanded the case to the trial court for clarification of the validity of the agreements. It also reversed the trial court's award of $750 in...
The trial court properly terminated the respondent-mother's parental rights to the children where the statutory grounds for termination were established by clear and convincing evidence and termination was in the children's best interests.
As to § (c)(i), more than 182 days elapsed between the issuance of the initial disposition order and the termination decision, and the conditions that led to adjudication, namely her mental health problems, her failure to obtain adequate housing,...
Holding that the totality of the circumstances indicated that the photo lineup was not unduly suggestive, the court upheld the trial court's denial of the defendant's motion to suppress the victim's in-court identification and affirmed his conviction
He was convicted of carjacking, armed robbery, unlawful imprisonment, felonious assault, CCW, FIP, felony-firearm, and fourth-degree child abuse related to the carjacking and robbery of a cab driver (S). Defendant argued that S was exposed to an...
The court held that because established Michigan law does not recognize the purported "cousins by marriage" relationship between the plaintiff and the insured, the trial court erred in holding that Plaintiff was entitled to PIP benefits.
Thus, it reversed and remanded for entry of an order granting summary disposition in favor of defendant. The case arose out of plaintiff's claim for PIP benefits-under a no-fault policy issued by defendant to plaintiff's purported "relative,"...
The court held that the fire-lane fee simple interest was intended to be held by defendant-Judy Queen. The court also held there was an ambiguity as to whether the lake-access language contemplated a dock.
Thus, the court affirmed the trial court's order granting summary disposition in favor of defendants. The case concerned the ownership of a rectangular strip of land or lot referred to as the "fire-lane" that runs through part of a platted...
The trial court properly terminated both 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 argued that the DHHS did not prove by clear and convincing evidence that they failed to provide proper care or custody for the child and that there was no reasonable expectation that they would be able to do so within a reasonable time...
Concluding that the trust at issue was unambiguous, the court affirmed the trial court's order granting summary disposition to the appellees on their claims that the surviving settlor could not modify the trust at issue after the death of the other s
Otto and Margaret signed trust documents in 1993. They amended the trust the next year. Otto died in 2005. In 2011, "Margaret attempted to amend the trust to provide that, on the death of the surviving spouse," a piece of real property would go to...
The Court of Appeals held that the trial court did not err in determining that the plaintiffs-property owners' quiet title action against the defendants-neighboring property owners was frivolous.
The parties were engaged in a long-standing dispute over natural drainage of water from defendants' higher elevation property across plaintiffs' lot. Plaintiffs moved their septic field and built a berm near the property line that caused water to...
Holding that a factual question remained as to whether the defendants-doctors' (Dr. Mittal and Dr. Badawi) alleged negligence was a proximate cause of the plaintiff's injuries, the reversed the trial court's grant of summary disposition for those de
Given the trial court's reliance on record evidence supporting its findings under the best-interest factors of MCL 722.23, the Court of Appeals found no abuse of the trial court's discretion in granting physical custody to defendant-Govitz (father).
Although Kayko worked fewer hours and had more opportunity to tend to KKG "on a daily basis, this did not negate that Govitz equally loved his son and could care for him." Accordingly, the evidence did not preponderate against the trial court's...
The Court of Appeals held that the trial court erred in concluding that the proceeds from the sale of the "Crystal Valley property" were plaintiff's (ex-husband) separate property. The case was reversed and remanded.
The defendant (ex-wife) claimed the funds were subsequently used to purchase the marital home. She did not dispute, and the record confirmed, that the property was initially plaintiff's separate property. He purchased the property in 1975 and made...