Case law

People v. Allen

310 Mich. App. 328 · Michigan Court of Appeals · Apr 30, 2015

Yeager testified that he and his partner established that nobody was at defendant’s registered address on March 17, 2013. … The issues of spousal immunity and the Fifth Amendment were not revisited. Perry testified that Lisa, defendant’s wife, was her sister. Perry owned the trailer on 6123 Clarksville Road.

American Friends Service Committee v. Department of Corrections

Michigan Court of Appeals · Feb 20, 2026

A motion is properly granted under MCR 2.116(C)(10) “when the proffered evidence fails to establish a genuine question of fact.” Tripp, 346 Mich App at 262. … See Arabo, 310 Mich App 375-376, 383 (granting the FOIA request for existing and nonexempt records but qualifying this with a request for a good-faith deposit).

O'HARA v. Wayne County Clerk

238 Mich. App. 611 · Michigan Court of Appeals · Mar 7, 2000

political parties except as provided in sections 532 and 685 shall be held in every election precinct in this state on the Tuesday after the first Monday in August before every general November election, at which time the qualified … While Ficano addressed a different issue than that raised by plaintiffs, the Ficano Court clearly recognized that the Legislature has the power to put limits on county charters under the constitutional provision pertaining

Charles Wade Johnson Jr v. Patricia Ann Johnson

Michigan Court of Appeals · Jan 25, 2024

To modify a spousal-support award, “the moving party first must establish new facts or changed circumstances arising since the prior order regarding support was issued.” … Id. at 287-288 (“an ex-spouse’s ensuing retirement may qualify as a change in circumstances” and “the concomitant decrease in his income [may] qualify as a change in circumstances warranting a modification in spousal support

O People of Michigan v. Thomas Emerson Meeker

Michigan Court of Appeals · Feb 17, 2022

The trial court was clearly uncertain as to how it should determine whether defendant was “incapacitated.” … The record evidence firmly establishes that defendant was impaired by an intoxicant and rendered unfit for normal functioning.

Campbell v. Sullins

257 Mich. App. 179 · Michigan Court of Appeals · Aug 11, 2003

Because the evidence clearly established multiple violations of the mvsra, assuming its applicability, the overriding question is whether defendant’s home was a place of business where defendant was engaged in the business … Expert-witness fees qualify as “actual costs” under MCR 2.403(0). Elia, supra at *204 379-380. Accordingly, defendant was entitled to provable expert-witness fees.

People v. Mason

22 Mich. App. 595 · Michigan Court of Appeals · Mar 25, 1970

Some authorities make the general statement that “guests in a home are not entitled to claim constitutional immunity against search of premises where the owner himself does not object to the search.” 4 Our review of the cases … While such probable cause undoubtedly existed and would have clearly served as the basis of an arrest, it did not legalize the search of defendant’s room.

Flanders Industries, Inc. v. State

203 Mich. App. 15 · Michigan Court of Appeals · Dec 20, 1993

The motion should be granted only where the claim is so clearly unenforceable as a matter of law that no factual development could possibly justify a right of recovery. … Michigan Assent to Condition of Admission, December 15,1836. 8 Defendant discusses at length why sovereign immunity protects it from plaintiffs claims.

Hoag v. Paul C. Chapman & Sons, Inc.

62 Mich. App. 290 · Michigan Court of Appeals · Jun 24, 1975

First, the LaCroix opinion clearly stated that, "[t]he charges [for gross negligence and for wilful and wanton misconduct] are not identical”, 379 Mich 417, 422 ; 152 NW2d 656, 657 . … True, such misconduct in this State and elsewhere usually has been called negligence, the word being qualified by such adjectives as gross, wanton, reckless, or wilful, but this is incorrect and has a tendency to mislead.

Ligons v. Crittenton Hospital

285 Mich. App. 337 · Michigan Court of Appeals · Aug 18, 2009

The plaintiff bears the burden of establishing compliance with MCL 600.2912b. Roberts, supra at 691 . Dr. … [MCL 600.5852] clearly provides that it is an exception to the limitation period, allowing the commencement of a wrongful death action as many as three years after the applicable statute of limitations has expired.

in Re Hoffman Minors

Michigan Court of Appeals · Aug 18, 2015

Only one statutory ground for termination must be established. In re Trejo Minors, 462 Mich 341, 360; 612 NW2d 407 (2000). … Prior testimony established, however, that respondent had tested positive for cocaine twice in July of 2013.

In Re I M Tilot Minor

Michigan Court of Appeals · Jan 19, 2023

, there was a requirement that a qualified expert witness address tribal customs and practices. … The parties stipulated that Nesberg qualified as such an expert.

Pitoniak v. Borman’s, Inc

104 Mich. App. 718 · Michigan Court of Appeals · Mar 18, 1981

The governor, with the advice and consent of the senate, shall appoint the members for a term of 4 years, and until their successors are appointed and qualified. … However, in this case the appeal board clearly found otherwise and the basis upon which it formed its conclusion is solidly supported by the record.

Nemzin v. Sinai Hospital

143 Mich. App. 798 · Michigan Court of Appeals · Jul 1, 1985

An established principle of statutory construction is that a modifying clause is confined to the last antecedent unless something in the subject matter or dominant purpose of the statute requires a different interpretation … The following provision of the standard agreement plaintiff executed clearly conveyed the broad scope of the agreement: "I understand that this hospital and I by signing this document agree to arbitrate any claims or disputes

People of Michigan v. Colby Anthony Skippergosh

Michigan Court of Appeals · Oct 28, 2024

Third, trial testimony clearly implies that Skippergosh had committed other acts of domestic violence against W.F., so the January 2020 incident was not isolated. … Accordingly, the evidence was sufficient to establish that Skippergosh was guilty of domestic violence beyond a reasonable doubt. C.

Snyder v. Charlotte Public School District

123 Mich. App. 56 · Michigan Court of Appeals · Feb 8, 1983

The language quoted above clearly indicates that the *70 Court recognized the characteristic health and safety nature of auxiliary services. … The transcript clearly reveals that the trial judge decided this dispute on the applicable and appropriate principles of law. III.

Iman Fayek Ismail v. Alaa Hussein Ali

Michigan Court of Appeals · Jun 22, 2026

A trial court’s findings regarding the existence of an established custodial environment and regarding each custody factor should be affirmed unless the evidence clearly preponderates in the opposite … See Kessler, 295 Mich App at 61 (holding that a “trial court clearly err[s] when it fail[s] to determine whether there was an established custodial environment with either or both of the parties before making its custody

Gavin Cavazos v. American Athletix LLC

Michigan Court of Appeals · Oct 13, 2022

The essence of plaintiff’s negligence claim is that American Athletix should have performed its contractual obligations better, i.e., it should have recognized the large gap in the bleachers and clearly conveyed this as a … In sum, because the public-building exception excludes claims of design defects, to avoid governmental immunity, a plaintiff must establish that the defective condition was the result of the failure to repair or maintain.

Warren Tool Co. v. Stephenson

11 Mich. App. 274 · Michigan Court of Appeals · Apr 26, 1968

Plaintiffs appeal, claiming the evidence was sufficient to establish an equitable lien on the proceeds of the check and, that being established, the defénd-ants, who participated in the destruction of that property interest … "Where the parties agree that a clearly identified fund secures an obligation, that agreement gives rise to a lien upon the fund.

Estate of Jaden Winters v. Thomas L Santo

Michigan Court of Appeals · Mar 11, 2021

Defendants moved for summary disposition under MCR 2.116(C)(7) (immunity) and (10) (no genuine issue of material fact). … Although the evidence showed that the decedent intentionally pulled the trigger when he shot himself, the court expressed its agreement with authority recognizing that an injury may qualify as accidental when an intentional