Case law

Stoddard v. Department of Treasury

109 Mich. App. 69 · Michigan Court of Appeals · Sep 8, 1981

On November 11, 1975, Myrtle Chamberlin established a revocable inter vivos trust with appellants named as trustees. … Paragraph four clearly evidences an intent on the part of the Legislature to clarify the inheritance tax position of the donee in the event of his death.

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).

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.

DeHart v. State Board of Registration in Podiatry

97 Mich. App. 307 · Michigan Court of Appeals · May 5, 1980

Clearly, that is the general rule. This case can be distinguished from those to which the general rule applies, however. … The record clearly substantiates the Board’s finding that plaintiff failed to comply with the applicable standard.

Law Offices of Jeffrey Sherbow, PC v. Fieger & Fieger, PC

326 Mich. App. 684 · Michigan Court of Appeals · Jan 15, 2019

Considering that the jury made a dispositive determination of plaintiff’s claims against defendant based on an unnecessary requirement, the error clearly affected the outcome of trial. … While Dion initially hired defendant on behalf of Dixon, she clearly was given the opportunity to either ratify or exit that contract. As the record makes clear, Dixon approved of the hire.

Conagra, Inc v. Farmers State Bank

237 Mich. App. 109 · Michigan Court of Appeals · Nov 19, 1999

When statutory language is clear and unambiguous, we must honor the legislative intent as clearly indicated in that language. … Under the Schmaling analysis, the government payments made to Brennan Farms qualify as proceeds.

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.

People v. Sowders

164 Mich. App. 36 · Michigan Court of Appeals · Jun 25, 1987

Clearly Faydenko had an independent observation of the ring that was free from any taint; thus, her testimony rightly was not suppressed. … Clearly, the demonstration shells were relevant to allow the jury to understand why the firearms *46 expert concluded that the fragments came from a .22 caliber shell.

Guerrero v. Smith

280 Mich. App. 647 · Michigan Court of Appeals · Sep 16, 2008

This Court has observed that muscle spasms and loss of the normal lordotic curve may qualify as objective manifestations of injury. … However, Setla was never qualified as an expert witness at trial.

Payne v. Department of Corrections

242 Mich. App. 638 · Michigan Court of Appeals · Dec 8, 2000

Clearly, plaintiff is disadvantaged by the repeal of the poepa. … While the change in the frequency does disadvantage plaintiff, we note that the law is significantly qualified: “The 1992 amendments do not change the standard for parole, but allow prisoners ample opportunity to petition

People v. Yost

278 Mich. App. 341 · Michigan Court of Appeals · Mar 27, 2008

Hence, these references clearly met the requirements of MRE 803(24). … Hence, Virani was clearly qualified to testify as a medical doctor who specializes in forensic pathology.

People of Michigan v. Celene Ann Artinian

Michigan Court of Appeals · Sep 10, 2019

Andrew’s testimony alone established that he was the primary coordinating agent and clearly the leader in this enterprise. … Section 4 “immunizes registered qualifying patients,” Ter Beek v City of Wyoming, 495 Mich 1, 5; 846 NW2d 531 (2014) (emphasis added), and the plain language of § 8 allows “a patient and a patient’s primary caregiver . .

Selmo v. Baratono

28 Mich. App. 217 · Michigan Court of Appeals · Nov 30, 1970

We decline to rule as a matter of law that Johnson’s attachment was clearly beyond what a prudent manufacturer would foresee as something to guard against. See generally, 2 Harper & James, Torts, § 28.6, p 1546. … Judge Davidson was satisfied that plaintiffs’ additional experts were qualified. We have reviewed the record and find no abuse of discretion in this case. Accordingly, we refuse to interfere with his ruling. Accetola v.

In Re Kostin Estate

278 Mich. App. 47 · Michigan Court of Appeals · Feb 14, 2008

“Well established principles guide this Court’s statutory construction efforts. We begin our analysis by consulting the specific [statutory] language at issue.” … Creation of Totten trusts was clearly not a sale. The question is whether it qualified under “other disposition.” Because the 1997 trust agreement does not define “other disposition,” we look to a dictionary definition.

Harbor Telegraph 2103, LLC v. Oakland County Board of Commissioners

253 Mich. App. 40 · Michigan Court of Appeals · Nov 26, 2002

We will not engage in prohibited judicial legislation by engrafting a further exception for which the Legislature clearly *56 did not provide. … argument by the township that MCL 117.8 conflicts with MCL 45.561 and must be construed as a specific exception to the veto power that authorizes the board in every case to make decisions regarding detachment petitions immune

O'Loughlin v. Detroit & MacKinac Railway Co.

22 Mich. App. 146 · Michigan Court of Appeals · Feb 25, 1970

First, whether the trial court was clearly in error in failing to find O’Loughlin guilty of contributory negligence. … The answer to this question was objected to 3 on the ground that the witness was not qualified to testify as to the effects of the stated amount of alcohol in a person’s bloodstream.

Peck v. Boehning

187 Mich. App. 649 · Michigan Court of Appeals · Mar 5, 1991

MRE 702, which provides: If the court 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 issue, a witness qualified … This instruction is permissible only when the evidence not produced is material; here the evidence was clearly collateral to the central issues and only marginally relevant to respondent’s credibility.

O’connell v. Director of Elections

317 Mich. App. 82 · Michigan Court of Appeals · Aug 25, 2016

buttressed her conclusion by citing Const 1963, art 6, § 9, which provides: Judges of the court of appeals shall hold office for a term of six years and until their successors are elected and qualified … The phrase “a new office of judge in a court of record” clearly references the addition of a judicial office to an existing bench of a court of record.

Woodington v. Shokoohi

288 Mich. App. 352 · Michigan Court of Appeals · May 4, 2010

We review for clear error a trial court’s findings of fact regarding whether a particular asset qualifies as marital or separate property. See McNamara v Horner, 249 Mich App 177, 182-183 ; 642 NW2d 385 (2002). … Flaintiff established *360 suspicious circumstances warranting further investigation of how defendant’s compensation was determined.

People v. Automotive Service Councils of Michigan, Inc

123 Mich. App. 774 · Michigan Court of Appeals · Mar 8, 1983

The character of the trust or combination alleged may be established by proof of its general reputation as such.” … The Supreme Court affirmed the circuit court’s determination that a violation of the statute had been established.