Case law

Jeminson v. Montgomery Real Estate & Co.

47 Mich. App. 731 · Michigan Court of Appeals · Jun 26, 1973

Clearly, there is no business reason or well-pleaded allegations by the plaintiff why a mortgagee who is the beneficiary of a FHA mortgage policy should go to the expense and trouble of inspecting the subject premises. … Plaintiff has advanced no viable economic theory upon which to impose liability on the mortgage corporation; she must rely on established legal doctrines.

Thomas v. State Mortgage, Inc

176 Mich. App. 157 · Michigan Court of Appeals · Mar 21, 1989

The trial court’s bench opinion does not indicate which factor or factors it believed that defendant Larkin failed to meet to qualify as a holder in due course. … Obie and Diamond does not establish any knowledge or, for that matter, any reason for defendant Larkin to suspect *165 that A. J.

Midamerican Energy Company v. Department of Treasury

308 Mich. App. 362 · Michigan Court of Appeals · Dec 4, 2014

“Where the proffered evidence fails to establish a genuine issue regarding any material fact, the moving party is entitled to judgment as a matter of law.” Id. … In other words, to qualify for the industrial processing exemption, the taxpayer must ultimately sell consumers “tangible personal property.”

Smith v. City of Flint

313 Mich. App. 141 · Michigan Court of Appeals · Nov 5, 2015

Accordingly, if plaintiff is to prevail, he must allege facts to show that he qualified as a type 1 whistle-blower, i.e., that he reported or was about to report a violation of the law to a public body. … Clearly, there are other nonpersonnel expenses that are necessary for both the police and fire departments, so that the entirety of the funds could not be used for new hires.

Barbara Jean Bassett v. State Court Administrator

Michigan Court of Appeals · Jun 15, 2017

Finally, the individual defendants, Washington and Shirley, are entitled to summary disposition premised on both their entitlement to qualified governmental immunity and the failure of plaintiff to demonstrate the necessary … Plaintiff clearly fails to comprehend the concept of double jeopardy.

Ali a El-Khalil v. Oakwood Health Care Inc

Michigan Court of Appeals · Nov 14, 2019

immunity. … Immunity Statute.

People v. Brown

239 Mich. App. 735 · Michigan Court of Appeals · May 4, 2000

Defendant, as the qualifying officer 1 for HPCS, *738 signed the construction contract on the corporation’s behalf. … The instructions must not be “extracted piecemeal to establish error.” Id.

Goldman v. Loubella Extendables

91 Mich. App. 212 · Michigan Court of Appeals · Jul 10, 1979

Plaintiffs statement that large stores control resources may qualify as reputation of combination. MCL 445.706; MSA 28.34. Evidence that Mr. … Victor to cut off plaintiff would clearly establish an unlawful agreement to restrict competition. Dr Miles Medical Co v John D Park & Sons Co, supra. Reversed and remanded. Costs to plaintiff.

Anton v. State Farm Mutual Automobile Insurance

238 Mich. App. 673 · Michigan Court of Appeals · Mar 7, 2000

The trial court may qualify a witness as an expert if it determines that recognized scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in … The evidence below established that while working for Hallmark Windows, Mrs.

Coloma Charter Township v. Berrien County

317 Mich. App. 127 · Michigan Court of Appeals · Sep 6, 2016

. pursuant to Resolution A1308168 ... for firearms shooting solely for MCOLES required annual assessments and recommended training from the confines of the shooting range building while under the direct supervision of a qualified … The court properly grants the motion when the undisputed facts establish a party is entitled to judgment as a matter of law. Odom, 482 Mich at 466 ; MCR 2.116(C)(7) and (I)(1).

Grand Rapids Community College Faculty Ass'n v. Grand Rapids Community College

239 Mich. App. 650 · Michigan Court of Appeals · May 4, 2000

As our Supreme Court has identified, where the employer’s action clearly constitutes educational policy there is no bargaining obligation. Bay City Ed Ass’n, supra. … As noted, it is well established that the rate of pay for overtime is a mandatory subject of bargaining. Central Michigan Univ, supra.

City of South Haven v. Van Buren County Board of Commissioners

270 Mich. App. 233 · Michigan Court of Appeals · May 24, 2006

, and much less clearly to the proper uses which may be made of the funds once collected. … They argue that plaintiffs interpretation of the statute renders subsection 1 nugatory, in contravention of well-established principles. Bageris v Brandon Twp, 264 Mich App 156, 162 ; 691 NW2d 459 (2004).

Barbara Jean Bassett v. State Court Administrator

Michigan Court of Appeals · Jun 15, 2017

Finally, the individual defendants, Washington and Shirley, are entitled to summary disposition premised on both their entitlement to qualified governmental immunity and the failure of plaintiff to demonstrate the necessary … Plaintiff clearly fails to comprehend the concept of double jeopardy.

Christiansen v Gerrish Township

239 Mich. App. 380 · Michigan Court of Appeals · Apr 4, 2000

As stated in Kraus , a valid dedication requires two elements: (1) a recorded plat clearly offering the land for public use *384 and (2) a subsequent acceptance of the offer by a public authority. Id. … Therefore, it can logically follow from Rice, [In re Vacation of] Cara Avenue [ 350 Mich 283 ; 86 NW2d 319 (1957)], and [In re Petition of] Bryant [ 323 Mich 424 ; 35 NW2d 371 (1949)], that a McNitt resolution can only qualify

Kubicki v. Sharpe

306 Mich. App. 525 · Michigan Court of Appeals · Aug 28, 2014

Because the court held Dale to the highest standard of proof applicable to custody proceedings, the omission qualifies as harmless error. … Here, the court failed to clearly elucidate a finding regarding the child’s established custodial environment.

Winters v. National Indemnity Co.

120 Mich. App. 156 · Michigan Court of Appeals · Oct 6, 1982

Once it is established that a claimant is entitled to no-fault benefits, it is necessary to determine which insurance company is liable for those benefits. … If the Legislature had so intended, it would have clearly worded the statute in those terms.

Bredow v. Land & Co

307 Mich. App. 579 · Michigan Court of Appeals · Oct 30, 2014

The evidence, however, established that the plaintiff attempted to enter an elevator without invitation or permission. … Turning to the present facts, plaintiff clearly qualified as an invitee when he initially entered the premises for the purpose of working for Ferguson Enterprises and fulfilling his role as a project manager in the pricing

In Re Rood Estate

41 Mich. App. 405 · Michigan Court of Appeals · Jun 26, 1972

This proposition is clearly recognized and *414 gives defendants-appellants standing in the present appeal. … A careful review of the evidence establishes that Rood's will contains general charitable intent.

Citizens Protecting Michigan's Constitution v. Secretary of State

324 Mich. App. 561 · Michigan Court of Appeals · Jun 7, 2018

Plaintiff Spyke is a qualified elector registered to vote in Ingham County and is a former paid employee of a political candidate. … Its duties are established by law; MCL 168.22(2) and MCL 168.841. It canvasses initiative petitions to determine if the requisite number of qualified and registered electors has signed the petition.

1300 Lafayette East Cooperative, Inc v. Savoy

284 Mich. App. 522 · Michigan Court of Appeals · Jun 18, 2009

The nonmoving party has the burden of establishing through affidavits, depositions, admissions, or other documentary evidence that a genuine issue of disputed fact exists. Id. … Defendant is incorrect in arguing that documents cannot be used to establish a question of fact unless they are supported by affidavits, depositions, or admissions.