Case law

in Re J I J Medina Minor

Michigan Court of Appeals · Sep 13, 2016

But in this context, although she is his mother, petitioner does not qualify as JM’s “relative” as that term is defined by MCL 712A.13a(1)(j). … Thus, once a statutory ground for termination has been established by clear and convincing evidence, a preponderance of the evidence can establish that termination is in the best interests of the child.

In Re Higgins Lake

Michigan Court of Appeals · Dec 15, 2025

Luke O’Brien, an engineer from Spicer Group, was qualified as an expert. … As previously discussed, Part 307 clearly requires that once a lake level is established, it must be maintained, and the circuit court retains continuing jurisdiction over the matter.

In Re R Grayson Minor

Michigan Court of Appeals · Sep 23, 2024

[a] judgment or order of a court or tribunal from which appeal of right to the Court of Appeals has been established by law or court rule.” MCR 7.203(A)(2). … Information from medical reports is generally considered hearsay, but can often be admitted if the custodian or another qualified witness certifies that the medical record complied with the requirements of MRE 803(6).

Kathryn Wahl v. John Molnar Funeral Home Inc

Michigan Court of Appeals · Feb 17, 2022

And while the statute grants immunity for a funeral establishment’s good-faith reliance on instructions regarding the decisions about the decedent’s body, it does not provide immunity for misrepresentations made by the funeral … establishment.

Jeffrey West v. Charise Spink

Michigan Court of Appeals · Dec 8, 2025

-1- doing so in part because he wanted to make things easier for his family if he did not live much longer and so that he would qualify for Social Security Disability benefits … The trial court did not clearly err by finding that no partnership existed.

In re KMN

309 Mich. App. 274 · Michigan Court of Appeals · Feb 26, 2015

Therefore, they do not qualify for a preference under 25 USC 1915(a). … A trial court’s findings of fact, such as whether a party’s position was frivolous, may not be set aside unless they are clearly erroneous.

Williams v. City of Rochester Hills

243 Mich. App. 539 · Michigan Court of Appeals · Feb 14, 2001

First, the statute clearly does not exempt veterans from complying with municipal police regulations. As stated by the Attorney General in OAG, 1947-1948, No 391, p 321 at 328: “. . . … The motion is properly granted if the nonmovant fails to present documentary evidence so establishing.

Peter J Zirnhelt v. Nicole McCall

Michigan Court of Appeals · Mar 10, 2022

“The existence of a disputed fact must be established by substantively admissible evidence, although the evidence need not be in admissible form.” Id. at 441. … To establish a defamation claim, a plaintiff must establish that the defendant made: (1) a false and defamatory statement concerning the plaintiff, (2) an unprivileged communication to a third party, (3) fault

Sumanchandra M Patel Md v. Corewell Health

Michigan Court of Appeals · May 8, 2026

To establish a prima facie claim, the plaintiff must show they were “(1) a member of a protected class, (2) subject to an adverse employment action, (3) qualified for the position, and . . .(4) others, similarly situated … Plaintiff’s claim fails at the first step, because he has not shown he was qualified for clinical privileges.

Vanessa Ferriole v. City of Detroit

Michigan Court of Appeals · Jul 28, 2022

(quotation marks and citations omitted); Flanagin, 319 Mich App at 639 (“In sum, these statutes do not establish a sort of immunity from suit or an excuse to be negligent. … Plaintiff has failed to establish that the motor vehicle exception applies in this case, and the trial court therefore erred by not granting summary disposition to defendants on the grounds of governmental immunity.

Nosakhare N Onumonu v. Peter J Ellenson Pc

Michigan Court of Appeals · Oct 6, 2025

A (C)(8) motion is properly granted “when a claim is so clearly unenforceable that no factual development could possibly justify recovery.” El-Khalil, 504 Mich at 160. III. … Accepting this allegation as true, it establishes that defendant was not acting in concert with the prosecutor with the intent of accomplishing an unlawful purpose, and was thus not part of a conspiracy.

Lehman Investment Company LLC v. City of the Village of Clarkston

Michigan Court of Appeals · Aug 17, 2023

The City further argued that petitioner bore the burden of proof to establish that the work qualified for a notice to proceed. … “This is essentially a ‘clearly erroneous’ standard of review.” Becker-Witt, 256 Mich App at 362.

Calhoun County v. City of Battle Creek

Michigan Court of Appeals · Sep 2, 2021

Establishing and maintaining a jail serves vital needs of the court, and thereby qualifies as integral to the performance of a state function. … “Statutes are presumed to be constitutional, and we have a duty to construe a statute as constitutional unless its unconstitutionality is clearly apparent.”

People of Michigan v. Mario Deangelo Amison

Michigan Court of Appeals · Feb 21, 2019

Finally, an assessment of witnesses’ credibility does not immunize the rest of the record evidence from review. I believe the extent of the majority’s deference in this matter is unwarranted. … Secondly, I agree with the majority that the trial court did not clearly err in finding that the gun rebounded off the wall “at a considerable height.”

People of Michigan v. Karl Ramon Gibbs

Michigan Court of Appeals · Oct 16, 2025

Further, in the trial court, Gibbs maintained that he does not have a third qualifying offense to support a 25-point assignment for OV 13. … Because Gibbs clearly committed three separate 5 AWIGBH and carjacking both are designated as an offense against a person.

People v. Jones

228 Mich. App. 191 · Michigan Court of Appeals · May 22, 1998

It's a clearly permissible form. I want to establish that this individual has no regard for the law. He knowingly broke and entered a home. … Thus, these statements should not, in my opinion, have been admitted into evidence, unless they qualified under one of the recognized hearsay exceptions.

Ava Cetera v. Lauren Mileto

Michigan Court of Appeals · Jul 28, 2022

The court also ruled as a matter of law that Mileto did not act with malice; therefore, Mileto was shielded from liability by qualified immunity. … Indeed, absent defamation per se and special harm in the form of actual business losses, the elements of defamation cannot be established. Smith, 487 Mich at 113.

Ann Arbor Tenants Union v. Ann Arbor YMCA

229 Mich. App. 431 · Michigan Court of Appeals · Jul 29, 1998

The Y may establish differentiated rental rates on a daily and weekly basis and if so, *438 must establish reasonable policies regarding a resident’s right to the appropriate rental rate. … It is uncontested that the ymca consents to the occupancy of its rooms; however, the consent is highly qualified and is limited to a guest’s right to occupy a room on a day-to-day basis.

People v. Snider

239 Mich. App. 393 · Michigan Court of Appeals · Apr 4, 2000

“Generally, a search conducted without a warrant is unreasonable unless there exist both probable cause and a circumstance establishing an exception to the warrant requirement.” … Although Snider claims that the victim’s statement was hearsay under MRE 801, the prosecutor correctly points out that Beatty’s statement likely qualified as a dying declaration under MRE 804(b)(2), People v Siler, 171 Mich

Woodside Meadows Condominium Association v. Lee Charles Parker

Michigan Court of Appeals · Feb 12, 2025

Despite this, we cannot conclude that the trial court’s findings were clearly erroneous. … The trial court’s implicit finding that plaintiff’s action was not frivolous is not clearly erroneous.