Case law

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.

in Re beers/lebeau-beers Minors

Michigan Court of Appeals · Sep 11, 2018

But a “[p]arent does not include the putative father if paternity has not been acknowledged or established.” … Given the record regarding respondent-father, there clearly could be a risk of harm or danger to TB were we to order the trial court to release TB to respondent-father.

People v. Mouradian

110 Mich. App. 815 · Michigan Court of Appeals · Nov 2, 1981

If defendant’s equipment could be construed as falling within the space heating exemption, any apparatus which incidentally gave off heat would also qualify. … The record clearly shows that defendant uses his rotary furnaces to transform solid metals into a molten state.

Promote the Vote v. Secretary of State

Michigan Court of Appeals · Jul 20, 2020

The clerks of Michigan’s cities and townships, as well as those qualified to vote in Michigan, now know what documents are needed to establish proof of residency in the 14-day period. … That policy judgment is one with which our dissenting colleague clearly disagrees.

In Re Albring

160 Mich. App. 750 · Michigan Court of Appeals · Jun 15, 1987

Contrary to respondent’s argument on appeal, the probate court filed an order in this case, entered January 30, 1986, clearly authorizing dss to file its complaint. … The probate court qualified the witness as a medical expert and allowed him to testify about child abuse.

Clink v. BD. OF RD. COM'RS OF LIVINGSTON CTY.

96 Mich. App. 524 · Michigan Court of Appeals · Apr 2, 1980

No such related allegation was raised or established in the case at bar. … "To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

People v. Humphrey

312 Mich. App. 309 · Michigan Court of Appeals · Sep 15, 2015

Thus, while an inoperable weapon was found by this Court to qualify as a “firearm” for purposes of MCL 750.227b [possession of a firearm during the commission of a felony (“felony-firearm”)], and MCL 750.224f [felon in possession … meanings to the term “firearm,” depending on the charged offense: [T]he Court of Appeals has held, after [People v] Hill, [433 Mich 464; 446 NW2d 140 (1989),] that proof of operability is not required to establish

Joerger v. Gordon Food Service, Inc

224 Mich. App. 167 · Michigan Court of Appeals · Sep 11, 1997

Clearly, attorney fees are not meant to compensate only work performed personally by members of the bar. … To qualify for such recovery, the evidence must establish: (1) that the legal assistant is qualified through education, training, or work experience to perform *183 substantive legal work; (2) that substantive legal work

American Amusement Co. v. Department of Treasury

91 Mich. App. 573 · Michigan Court of Appeals · Aug 6, 1979

Lansing, 315 Mich 566, 576 ; 24 NW2d 213 (1946), our Supreme Court noted: " 'The presumption of constitutionality following tax *577 ing statutes is stronger than applies to laws generally and only where a taxing system clearly … section states: "The tax levied shall not apply to: "(o) Newspapers and periodicals, as admitted under present federal postal laws and regulations as second class mail matter or as controlled circulation publications or qualified

Beach v. State Farm Mutual Automobile Insurance

216 Mich. App. 612 · Michigan Court of Appeals · Jul 12, 1996

Moreover, defendant could not establish how much of the $31,000 it expended in attorney fees was directly attributable to defending against these claims. … We hold that the court’s decision to deny plaintiff’s request for no-fault attorney fees was not clearly erroneous.

Oakland County Treasurer v. Title Office, Inc.

245 Mich. App. 196 · Michigan Court of Appeals · Apr 3, 2001

Clearly, the 1895 Legislature did not contemplate a charge for electronic copies when it enacted MCL 48.101. … This statute was clearly designed to compensate the county for its cost of manipulating data into certified transcripts or abstracts.

People v. Clemons

91 Mich. App. 68 · Michigan Court of Appeals · Jun 20, 1979

His remarks clearly delineated the roles of the court, trial counsel and jury, and warned the jury to disregard any questions posited by him, and the answers thereto. … Lastly, defendant alleges that insufficient evidence was produced to establish the value of the stolen automobile, and that the court erred in instructing the jury regarding said value. We disagree.

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 . .

People of Michigan v. Anthony Keith-Seaton Jones

Michigan Court of Appeals · Feb 29, 2024

Given JW’s immunity agreement and appearance at the preliminary examination, the prosecution had no reason to believe that JW would not appear for trial. … The prosecution concedes that the challenged statement did not qualify for admission under MRE 801(d)(2)(E), and we agree. The goal of the conspiracy in this case was the murder of the victim.

Cooke Contracting Co. v. Department of State Highways 2

55 Mich. App. 479 · Michigan Court of Appeals · Sep 11, 1974

I Plaintiffs argue that under well-established case law a warranty of accuracy attaches to the representations contained in a bid proposal and that where a proposal contains material inaccuracies either by a false statement … Rather, they were couched in qualifying language that "[according to the terms of the County’s contract” the work is to be (not will be) completed by April 30.

Bridging Communities Inc v. Hartford Casualty Insurance Company

Michigan Court of Appeals · Mar 2, 2023

The insured bears the burden of establishing that the claim “falls within the terms of the policy,” while the insurer bears the burden of establishing that coverage is negated by an exclusion. Id. … Plaintiffs have not alleged any of the elements to establish such a claim.

Mary Williams v. Department of Health and Human Services

Michigan Court of Appeals · Sep 17, 2019

“Summary disposition on the basis of subrule (C)(8) should be granted only when the claim is so clearly unenforceable as a matter of law that no factual development could possibly justify a right of recovery.” … “Section 5 of the Fourteenth Amendment, however, does grant Congress the authority to abrogate the States’ sovereign immunity.”

Kent County Deputy Sheriffs' Ass'n v. Kent County Sheriff

238 Mich. App. 310 · Michigan Court of Appeals · Feb 10, 2000

Clearly, the pera is the exclusive remedy for any unfair labor practice charge, and the MERC has exclusive jurisdiction to adjudicate such charges. … On appeal, this Court considered the narrow issue whether the union qualified as a “person” entitled to seek public records under the foia. Id.

In Re Blackwell Estate

50 Mich. App. 204 · Michigan Court of Appeals · Oct 31, 1973

Clearly, to have done so would have been error. … "The trial judge held that Probst had qualified as an expert.

Meagher v. Wayne State University

222 Mich. App. 700 · Michigan Court of Appeals · Jul 1, 1997

was qualified for the position, and (4) the plaintiff was replaced by a younger person. … established that plaintiffs employment was terminable at will.