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The trial court properly terminated the respondent-mother's parental rights to the child where the statutory grounds were established by clear and convincing evidence and termination was in the child's best interests.

The trial court assumed jurisdiction because she was mentally unstable and unable to provide consistent care. She failed to benefit from mental health services. Although respondent's case manager (R) gave generally favorable testimony, he also admitted that she made excuses to delay her recommended participation in a dialectical behavior therapy program. She was "resistant to medication, and although she attributed her resistance to her pseudoscientific belief that medicine is poison, she showed a preference for benzodiazepine, which she had previously abused." R attributed her improved stability to her marriage, but the circumstances of her marriage supported the trial court's inference that the marriage was unstable. She showed no interest in gaining independence through employment. Respondent continued to reside with her sisters, one of whom abused substances. Although she behaved appropriately with the child, she showed "immature and erratic behavior through her repeated abusive messages to the caseworker and the child's paternal grandparents." This evidence supported termination under § (c)(i). Also, evidence that she failed to progress toward emotional stability and to establish a reliable home and means of supporting the child also supported termination under §§ (g) and (j). Affirmed. 

The court held that the trial court properly terminated the respondent-adoptive grandmother's parental rights to the child where at least one statutory ground for termination existed and it was in the child's best interests.

The trial court terminated respondent's parental rights on the basis that she exposed the child to harm, including allowing improper contact with adult guests, including the child's biological mother, who had previously violently abused the child,...

Holding that the plaintiff complied with the notice requirements of MCL 691.1404(1) , the court reversed the trial court's order granting the defendants summary disposition on the basis of governmental immunity, and remanded.

Plaintiff alleged that she was injured "when she fell over the sheer edge of an excavated hole created by defendants." The trial court found that her failure to personally sign the notice letter was a "fatal defect." On appeal, the court concluded...

The court held that the trial court did not err in its distribution of the marital property, its spousal support order, or its decision to impute income to the plaintiff to calculate the amount of child support the defendant was required to pay.

The parties divorced and the trial court handled the distribution of property as well as spousal and child support. On appeal, the court rejected plaintiff's argument that the trial court's distribution of the marital property was not equitable....

Concluding that the trial court clearly erred in finding that a latent ambiguity existed in the deed and in reforming the deed, the court reversed the order granting the intervenor's petition to reform the deed & remanded for entry of summary disposi

A residence was conveyed to the decedent, Lyle F. Steiner, and the intervenor, Steven M. Steiner (Lyle's son). Years later, when Lyle passed away, Steven was appointed PR of Lyle's estate. "DHHS filed a claim against the estate for unpaid Medicaid...

What to consider if you inherit someone's home

If you have elderly relatives who still live in their homes, they probably rely on you for a number of things; whether it is to help them to doctor’s appointments or to ensure that they don’t sign off on dubious documents. For as much help as...

Applying the Dairyland/Workman factors, the court held that there was no genuine issue of material fact that the plaintiff was not domiciled with the defendant's insured (plaintiff's mother) at the time of the accident.

At age 22, Plaintiff moved to Florida with her boyfriend in 6/12. "During her testimony, plaintiff repeatedly referenced 'moving' to Florida and 'visiting' in Michigan." She signed a lease for a duplex in Florida "and lived there with her boyfriend...

Holding that the uneven pavement on which the plaintiff tripped and fell was open and obvious as a matter of law, the court affirmed the trial court's order granting the defendant summary disposition in this premises liability action.

Plaintiff fell when exiting defendant's store, tripping on "what she described as 'uneven' pavement." The court noted that she made no effort "to identify any unique circumstances that would render such an open and obvious condition unreasonably...

The court held that the circuit court improperly awarded sole custody of the parties' child to the father absent a best-interest analysis, and should have continued the child protective proceedings as the mother pleaded to jurisdictional grounds.

As the mother's case proceeded, the circuit court placed the child in the father's custody, and instead of continuing the matter so respondent could engage in services and work toward reunification, it completely dismissed the child protective...

Agreeing with defendant-Allstate that the trial court erred in granting plaintiff-Ruben's motion for relief from the final judgment's no-appeal provision, the court vacated the portion of the order granting Ruben relief, and remanded.

Intervening plaintiff-Badgett was entitled to no-fault benefits from Allstate. After a "jury trial involving a dispute over Ruben's charges to Allstate for medical services and products provided to Badgett, the parties entered into a final judgment...

After remand, in which the court instructed the trial court to reevaluate its best-interests determination in light of the children's placement with a relative, the court held that the trial court complied with its remand instructions, and affirmed.

On appeal, the respondent offered two claims of error as to the trial court's decision to terminate respondent's parental rights to CC and AC. First, respondent argued that the trial court clearly erred by finding that termination was appropriate...

Holding that the jury's decision to award the plaintiff no noneconomic damages was grossly inadequate and against the great weight of the evidence, the court reversed the trial court's order denying her noneconomic damages and remanded for a new tria

Plaintiff was seriously injured when she and the defendant collided while skiing. The jury declined to award either economic or noneconomic damages, even though it found defendant 50% negligent. The trial court found that the verdict as to economic...

Holding that the trial court committed clear legal error by failing to make findings as to several disputed issues, the court vacated the trial court's PT modification and remanded the case for reconsideration of the contested best-interest and PT fa

Plaintiff-mother appealed a final order closing the case in this child support and parenting time dispute. However, her issues on appeal related to the trial court's prior order granting the defendant-father out-of-state parenting time. Plaintiff...

Holding that a custody agreement existed between the plaintiff-father and the defendant-mother, but that the trial court failed to adequately consider the child's best interests before it entered the custody judgment, the court vacated and remanded.

The parties had a child together, but never married. They entered into a mediated parenting time and custody agreement. Defendant later objected to the agreement and requested a best interests hearing, which the trial court denied. On appeal, the...

The court rejected the plaintiff-ex-husband's challenges to the trial court's property division and orders relating to insurance policies, but agreed that remand was required as to the award of attorney fees and costs to the defendant-ex-wife.

Thus, it vacated the order awarding attorney fees and remanded for further proceedings on this issue, but otherwise affirmed. As to the application of the Sparks factors, while "defendant received significantly more property than plaintiff" under...

After remand to the trial court for further proceedings, the court held that the trial court did not clearly err in finding that terminating the respondent-mother's parental rights was in the best interests of her five children.

On remand, the trial court conducted an evidentiary hearing and "provided a clear ruling explaining why it found termination" was in the children's best interests. It considered the appropriate factors and found that respondent "was not compliant...

The court held that the trial court properly terminated the respondent-father's parental rights to the three children where the statutory grounds were established by clear and convincing evidence and termination was in their best interests.

Given the length of the case and his "noncompliance, lack of accountability, and his substance abuse issues-including multiple relapses when he was close to reunification- there was not a reasonable expectation that he would be able to provide...

Holding that the trial court did not abuse its discretion by denying defendant-Norman's (father) motion to change custody and allowing plaintiff-Curtis (mother) to retain primary physical custody of the parties' minor daughter (S), the court affirmed

Norman argued that the trial court's finding of an ECE with Curtis was against the great weight of the evidence, meaning that the trial court erred by applying a clear and convincing standard as opposed to a preponderance of the evidence standard....

The court held that the probate court did not clearly err in ruling that the decedent's bank accounts did not have rights of survivorship and in ordering the appellants to disgorge funds they withdrew from his bank accounts shortly after his death.

The decedent maintained checking and savings accounts. Shortly before his death, while he was hospitalized and unable to communicate, appellant-Claudette Greenhoe deposited an inheritance check that the decedent received in his savings account. The...

Concluding that Marin properly interpreted a former version of § 19b(1) as not requiring the child be in foster care for a termination petition to be considered, the court rejected father's request to declare a "but for" conflict under MCR 7.215(J)(2

Before the child was born, respondent (at the age of 18) pleaded guilty to CSC I. The victim was his nine-year-old cousin. Petitioner testified that she learned the facts of respondent's conviction after she gave birth to the child, and broke off...

In an issue of first impression in a published opinion, the court held that a defendant's consent to search her home was not an "incriminating statement" under the Fifth Amendment because it was "not testimonial or communicative evidence."

After being arrested during a traffic stop, defendant-Calvetti signed her Miranda warnings, acknowledging that she knew her rights and indicating that she "did not want to answer questions." She argued that the DEA agent's continued questioning...

The court held that the trial court did not err by setting off receiver fees and support arrearages owed by the ex-husband to the ex-wife from plaintiff's obligation to pay defendant 50% of the equity in the marital home.

In the divorce judgment, plaintiff was awarded the home, and defendant was awarded a 50% equity interest in the home. The judgment also covered the parties' various other obligations. Shortly before the divorce, defendant entered into a written fee...

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