The Plaintiff and defendant were married in October 1994. Plaintiff filed for divorce on February 4, 2004, and the trial court entered a consent judgment of divorce on January 5, 2005. The judgment referenced a property settlement agreement, under...
The parties were married in 1988 and have three adult children. During their marriage, the parties purchased the marital home in 1994 (1994 home) with marital funds. After plaintiff’s father died in 2006, the home next door to the marital home...
The Michigan Medical Marihuana Act (MMMA), provides very limited circumstances in which persons involved with the use of marijuana, may avoid criminal liability. Accomplices to crimes may be prosecuted under an aiding and abetting theory.
FACTUAL BACKGROUND
The parties were involved in a romantic relationship when the minor child who is the subject of these proceedings was born on February 9, 2006. The parties did not live together and were never married. Approximately one year...
BACKGROUND
The parties have a minor child (ABF), who was twelve-years-old at the time of the proceedings. Defendant had primary physical custody of ABF until she...
This case arises out of a property dispute between plaintiff and defendants. Plaintiff’s property and defendants’ property back-up against one another, so the back of plaintiff’s property borders the back of defendants’...
The fact that the officers subjected defendant to a Terry stop does not automatically lead to the conclusion that the stop violated the Fourth Amendment.
BACKGROUND
The Court needed to determine the actual extent of an easement for a drain that runs across the southern edge of the plaintiff’s property. The releases at issue conveyed rights to fifty-foot strips of land on either side of the...
Plaintiff and Defendant were never married, but share a young son who was born in 2016. The parties have battled over custody, child support, and other parenting issues ever since. In the spring of 2019, the parties filed competing motions to modify...
The parties were married for over 20 years before plaintiff filed for divorce. At the divorce trial, the parties’ incomes were a source of contention. Plaintiff wanted the trial court to rely on the parties’ 2018 incomes when calculating...
Original Post: 1/11/2019
Often, burglary, robbery, and theft are used interchangeably even though there are distinct differences between all of them. Though, what all three do have in common is they may involve the unlawful taking of...
Plaintiff appeals as of right the trial court’s divorce judgment, challenging the decision to award each party their respective 401(k) accounts. Plaintiff argued in the trial court that she was entitled to a portion of the appreciation that...
BACKGROUND
Plaintiff and defendants own adjacent properties. Defendants’ property is east of plaintiff’s property, and the western boundary of defendants’ property is also the eastern boundary of plaintiff’s property....
FACTUAL BACKGROUND
Plaintiff filed for divorce in 2013, and following mediation, the parties reached a transcribed mediation agreement in June 2014. The mediator read an outline of a property settlement agreement, the terms of which were to be...
BACKGROUND
This case arises out of a dispute between plaintiff and defendants regarding ownership of real property in Hamtramck, Michigan. Plaintiff brought this action, asserting claims of quiet title, breach of contract and promissory estoppel,...
BACKGROUND
The parties married in 1978, and they have three adult children. Plaintiff filed for divorce in September 2018, by which time both parties had reached retirement age. The property issues in dispute should have been relatively...
On October 24, 2016, Petitioner filed a complaint as the Ward’s conservator and guardian against Respondent. Petitioner and Respondent are siblings and the children of the Ward. In the complaint, Petitioner alleged that she filed a...
BACKGROUND
On March 12, 2016, the parties entered into an agreement for the purchase of defendants’ home. The purchase agreement contained the following clause: TIME FOR LEGAL ACTION: Buyer and Seller agree that any legal action against...
Michigan forbids the presence of open alcoholic beverage containers in the passenger area of vehicles.
UNDERLYING FACTS
In the early afternoon of November 4, 2016, defendant was pulled over after an officer was dispatched for a possible drunk driver. The officer had defendant exit his vehicle and perform several field sobriety tests. Those tests...
UNDERLYING FACTS
Plaintiff and defendant were married in September 2001 and divorced in August 2013. The parties entered into a divorce settlement agreement which included, in relevant part, a provision titled “Mutual Release of...
PERTINENT FACTS AND PROCEDURAL HISTORY
The trust settler, “decedent” executed a “pour-over” will in which the residuary of his estate was to be held, managed, and distributed according to the trust, which was created in...
PERTINENT FACTS
In July 2017, plaintiff and defendant divorced by consent judgment. Under the judgment of divorce, the parties shared joint legal and physical custody of their three minor children. On September 24, 2018, plaintiff filed a motion...
Original Post: 05/14/2017
The preceding is for informational purposes only.
Being stopped by the police is not usually a pleasant experience. Even with the most benign of infractions, the encounter can be adversarial. The idea of...
PERTINENT FACTS
In 2010, the decedents created the Trust and dual durable powers of attorney in which each spouse nominated the other to serve as primary attorney-in-fact with respondent to serve as the first alternate. The Trust designated the...
BACKGROUND
This case involves a dispute between former spouses who entered into a consent judgment of divorce (the consent judgment), which provided that defendant would pay plaintiff 50% of his military retirement benefits. Beyond that, the...
FACTUAL BACKGROUND
This case arises out of a call the Jackson Police Department received from a man who had gotten into a dispute with defendant. The officer on the scene ran defendant’s name through the Law Enforcement Information Network...
Plaintiffs sued Defendant for claims for account stated and breach of contract. Following discovery, plaintiffs moved for summary disposition under MCR 2.116(C)(10), arguing that they were entitled to a judgment in their favor as a matter of...
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
On the evening of November 2, 2012, two men left work and were accosted by two unidentified men who came from behind an adjacent building who demanded money. One of the men brandished a...
No one wants to be arrested, and if you are, especially for the first time, you can be very confused. Being arrested for Drunk Driving, Driving Under the Influence (DUI) or Operating While Intoxicated (OWI) - formerly Driving While Intoxicated (DWI)...
BACKGROUND
The parties met and began cohabitating in 2003. In 2011, plaintiff and defendant began discussing marriage. The parties had lived together for years, but each had their own separate businesses and assets. Thus,...
BACKGROUND
Plaintiff and defendant have three children together—ET, KT, and CT. Plaintiff and defendant’s relationship ended in 2013. Following the end of their relationship, the trial court entered a consent order for...
On the night of October 21, 2018, a Grand Traverse County Deputy Sheriff initiated a traffic stop on the basis that defendant’s vehicle had an expired license place. He confirmed this by means of a LEIN check and also discovered...
How much should you tell your lawyer?
The fifth amendment protects U.S. citizens from incriminating themselves, but how does that work with your attorney. We get this question all the time. Many people have heard about attorney confidentiality,...
Plaintiff and defendant were married in 1990 and divorced in 2013. The parties’ consent judgment of divorce provided, among other things, that defendant would pay plaintiff modifiable spousal support in the amount of $3,200 per...
BACKGROUND
This case arises out of the divorce of the parties. The parties mediated a settlement and the Court entered a Judgment of Divorce based on that agreement. The provision of the judgment on appeal concerns plaintiff’s...
Plaintiff’s father and plaintiff’s stepmother (defendant) married around 1981. In 2002, the two executed an “Agreement of Trust” prepared by their estate planning attorney. The Agreement of Trust created a Trust...
For some, assault and battery are two terms that are commonly mixed up or used interchangeably while conversing.