Case law

in Re J R Stewart Minor

Michigan Court of Appeals · Dec 1, 2015

Throughout the proceedings, the caseworker discussed with him the importance of establishing suitable housing and a legal income. … In view of this evidence, the trial court did not clearly err in finding that respondent’s financial plan was unrealistic.

Arbor Farms, LLC v. Geostar Corp.

305 Mich. App. 374 · Michigan Court of Appeals · May 27, 2014

See also Lenchyshyn v Pelko Electric, Inc, 723 NYS2d 285, 291-292 ; 281 AD2d 42 (2001) (holding that assets are not immune from execution or restraint simply because a judgment debtor absents himself from the *384 state). … Rather, the presence of defendant’s property within the state was, on its own, sufficient to establish jurisdiction in this postjudgment collection proceeding. Cf. id.

Smith Trust and Estate v. Erickson Retirement Communities

326 Mich. App. 366 · Michigan Court of Appeals · Oct 30, 2018

“Circumstantial evidence can be sufficient to establish a genuine issue of material fact, but mere conjecture or speculation is insufficient.” … The “Helpful Information” sheet clearly explains that it “is not meant to replace the Residence and Care Agreement nor supercede [sic] any of its terms.”

Pickering v. Pickering

268 Mich. App. 1 · Michigan Court of Appeals · Nov 29, 2005

The evidence also established that the proceeds were used to pay taxes, pay car insurance, pay the remainder of the home mortgage, purchase a family car, and pay off debt. … We do not retain jurisdiction. 1 The lawsuit was settled in 1997. 2 The parties’ daughter has reached the age of majority and any issue regarding parenting time with her is moot. 3 Qualified.

Downie v. Kent Products

122 Mich. App. 722 · Michigan Court of Appeals · Feb 8, 1983

Nor did it clearly state that a press could go into the automatic cycle unexpectedly if the mechanical failure occurred. … In exchange, the employer *739 is granted immunity from further liability arising out of that injury. See Husted [v Consumers Power Co], 376 Mich [41], 52-53; 135 NW2d 376 .

Lamson v. Martin

216 Mich. App. 452 · Michigan Court of Appeals · May 3, 1996

He asserts that the evidence clearly established that defendant provided alcohol to Lisa Machinsky, a minor, to give to Lund without making inquiry as to their ages. … Any witness is qualified to testify as to his or her physical observations and opinions formed as a result of them. MRE 701; People v Grisham, 125 Mich App 280, 286 ; 335 NW2d 680 (1983).

Alan Drake v. City of Oak Park

Michigan Court of Appeals · Sep 10, 2019

The application of governmental immunity and a statutory exemption to governmental immunity also present questions of law subject to review de novo. … We must follow the precedent established by Buhl. MCR 7.215(C)(2), (J)(1).

Melissa Mays v. Governor Rick Snyder

Michigan Court of Appeals · Jan 25, 2018

Governmental agencies in Michigan engaged in governmental functions are generally immune from tort liability. Kline, 291 Mich App at 653. … Even giving plaintiffs the benefit of the doubt and observing the events of 2015, plaintiffs’ pleadings clearly establish that July 21, 2015, was far past any date when plaintiffs knew or should have known of their claims

Spectrum Health Hospitals v. Farm Bureau Mutual Insurance Company

Michigan Court of Appeals · Sep 3, 2020

For a ruling qualifying Defendants’ expert, Mark Hall. 2. … We do not suggest that “payments” necessarily establish the unreasonableness of a charge.

People v. McSwain

259 Mich. App. 654 · Michigan Court of Appeals · Feb 19, 2004

And without questioning the general qualifications of the prosecutor’s expert, because he is extremely well-qualified in the field of forensic psychiatry, his experience and training in the field of did paled in comparison … ABUSE OF DISCRETION We have concluded that the trial court’s findings with regard to actual prejudice were clearly in error.

Tcf National Bank v. Department of Treasury

Michigan Court of Appeals · Dec 12, 2019

“It is well established that different provisions of a statute that relate to the same subject matter are in pari materia and must be read together as one law.” … If a group of businesses qualifies as a unitary business group in a particular tax year, then the group must file a unitary tax return for that year.

20221229_C360377_20_360377.Opn.Pdf

Michigan Court of Appeals · Dec 29, 2022

Summary disposition may only be granted under this subrule “when a claim is so clearly unenforceable that no factual development could possibly justify recovery.” Id. … When a plaintiff pleads an intentional tort, the defendant must establish that he is entitled to immunity by proving that -5-  (a) The acts were undertaken

Dorothy Hawthorne-Burdine v. Eric Freedman

Michigan Court of Appeals · Apr 19, 2018

“The existence of a privilege that immunizes a defendant from liability for libel is a question of law that this Court determines de novo.” … Defendant, however, qualified his report of that portion of the opinion by noting that this fact was “[a]ccording to the university”; in other words, defendant was clearly portraying the university’s position in the federal

Nakisha Wright v. City of Detroit

Michigan Court of Appeals · Aug 10, 2023

Granting summary disposition based on MCR 2.116(C)(8) is only appropriate “when a claim is so clearly unenforceable that no factual development could possibly justify recovery.” … We repeat: “A motion under MCR 2.116(C)(8) may only be granted when a claim is so clearly unenforceable that no factual development could possibly justify recovery.”

Bruce T Wood v. Lawrence Luckett

Michigan Court of Appeals · Aug 12, 2021

“A motion under MCR 2.116(C)(8) may only be granted when a claim is so clearly unenforceable that no factual development could possibly justify recovery.” El-Khalil, 504 Mich at 160. … A review of plaintiff’s complaints in both cases shows that plaintiff’s theory to establish negligence was not predicated on application of res ipsa loquitur.

Pius Omoregha v. Kehinde Omoregha

Michigan Court of Appeals · May 19, 2025

In this case, defendant did not establish that the bank statements were records compiled and kept in the ordinary course of business by presenting a recordkeeper or other qualified witness to testify, see MRE 803(6), nor … did defendant establish that the bank statements were self- authenticating under MRE 902(11).

In Re Guardianship of Va

Michigan Court of Appeals · Apr 9, 2025

In order to remove a guardian that is otherwise willing to continue in his or her duties, it must be established by a preponderance of the evidence that the guardian is not qualified or able to provide for the person’s care … Based on this record, we cannot find that the probate court clearly erred when it found that the Rankins failed to establish, by a preponderance of the evidence, that Botsford was not qualified or was unable to provide for

People v. Rosengren

159 Mich. App. 492 · Michigan Court of Appeals · Apr 21, 1987

The opinion of Justice Fitzgerald, joined by Justices Coleman, Williams and Kavanagh, said: Where an accomplice or co-conspirator has been granted immunity or other leniency to secure his testimony, it is incumbent upon the … Atkins was a five-justice decision and the appearance of three other signatures with that of the author of the quoted language would seem to clearly establish the ruling.

People v. Brown

104 Mich. App. 803 · Michigan Court of Appeals · Apr 7, 1981

To be admissible for such a purpose the evidence must first qualify as a similar act. … Once it is established that the testimony to be offered is truly similar acts testimony, it must qualify for admission on two levels: "1) It must be probative of one or more of the * * * purposes [specified in the court rule

Exclusive Capital Partners LLC v. City of Royal Oak

Michigan Court of Appeals · Dec 4, 2024

Uncertain meanings inevitably lead citizens to steer far wider of the unlawful zone than if the boundaries of the forbidden areas were clearly marked.” … -21- pathway for qualifying as a public body: when one public body delegates authority to another entity.