Case law

Estate of Michael Wrenn v. Spectrum Community Services

Michigan Court of Appeals · Feb 21, 2019

Clearly, there was a special relationship between Spectrum and Wrenn, and given this special relationship, Spectrum owed Wrenn a duty of care, including a duty to implement the Behavior Treatment Plan for Wrenn’s protection … s order denying the defendant’s claim of governmental immunity.”

Vhs of Michigan Inc v. Allstate Insurance Company

Michigan Court of Appeals · Mar 10, 2026

“Therefore, whether a claimant’s benefits qualify as overdue and whether an insurer unreasonably refused to pay or unreasonably delayed in making payment determine if a claimant’s attorney may receive attorney fees.” … “If a claimant establishes the first prerequisite, a rebuttable presumption arises regarding the second.” Brown, 298 Mich App at 692.

People of Michigan v. Mikenzi Allen Moore

Michigan Court of Appeals · Mar 21, 2024

At trial, the prosecution stated it wished to have Gunn and Jerome testify against defendant in exchange for immunity from prosecution for any truthful testimony given. … “The trial court’s findings are clearly erroneous if this Court is definitely and firmly convinced that the trial court made a mistake.” Id. at 672.

In Re a V-B H

Michigan Court of Appeals · Apr 21, 2026

qualified as a person requiring treatment under the Mental Health Code. … Accordingly, the probate court did not clearly err when it determined that respondent qualified as a person requiring treatment under both MCL 330.1401(1)(a) and (c). C.

Meredith Summer v. Southfield Board of Education

Michigan Court of Appeals · May 1, 2018

(b) Establishes clear approaches to measuring student growth and provides teachers and school administrators with relevant data on student growth. … This letter does not conclusively establish that plaintiff was aware of certain performance issues and had ample time to correct them.

In Re Masters Minors

Michigan Court of Appeals · Aug 13, 2025

Lastly, respondent-mother contends that the trial court clearly erred by concluding that she could not establish stable housing and employment within a reasonable time considering the children’s ages because, when the trial … We accordingly conclude that respondent-mother has failed to establish that the trial court clearly erred when it found that termination of respondent-mother’s parental rights was in the children’s best interests.

City of Sterling Heights v. MacOmb Interceptor Drain Drainage Dist

Michigan Court of Appeals · Oct 1, 2019

Only then do we reach the section within Chapter 20 relied upon by the trial court in finding that the Macomb Interceptor does not qualify as a Chapter 20 drain. … Accordingly, Marrocco and Misterovich were entitled to summary disposition of this claim based on governmental immunity.

Rodene Joy Cassidy v. Robert Francis Cassidy Jr

Michigan Court of Appeals · Jan 10, 2017

The Court finds the fees customarily charged in the locality can be established by testimony or empirical data found in surveys and other reliable reports . . .something more than anecdotal statements to establish the customary … The trial court’s findings are not clearly erroneous.

People of Michigan v. Leo Duwayne Ackley

Michigan Court of Appeals · Mar 25, 2021

Stephen Guertin, who was qualified as an expert in the areas of child abuse, pediatrics, and pediatric intensive care, opined that B had suffered from abuse. Dr. … Clearly, the use of the word “abuse” was error. However, we do not find error in Dr. Halley’s opinion that B’s injuries were “consistent with a shaking injury.” Unlike Dr.

In Re Y C Zachary Minor

Michigan Court of Appeals · Jan 8, 2025

“A finding is clearly erroneous if, although there is evidence to support it, this Court is left with a definite and firm conviction that a mistake has been made.” … Thus, the trial court did not clearly err by finding that at least one statutory ground for termination was proved by clear and convincing evidence.

in Re Guardianship of David P Vanpoppelen

Michigan Court of Appeals · Dec 4, 2018

We clearly have a lot of contention on both sides. And, I do not want to see two young people being pushed, and prodded, and pulled. … A factual finding is clearly erroneous when this Court is left with a definite and firm conviction that a mistake has been made.

In Re Kobylski Minors

Michigan Court of Appeals · Nov 10, 2022

The trial court did not clearly err when it found by clear and convincing evidence that petitioner had established grounds for terminating respondent’s parental rights under MCL 712A.19b(3)(b)(ii). … The evidence that respondent failed to protect EMK from Jackson, who sexually assaulted EMK by digitally penetrating her vagina, qualified as an aggravated circumstance that relieved petitioner of its obligation to provide

In Re K Hemmeke Minor

Michigan Court of Appeals · May 18, 2026

Therefore, the trial court did not clearly err finding that MCL 712A.19b(3)(c)(i) was established in this case through clear and convincing evidence. In re White, 303 Mich App at 709. … Because the trial court did not clearly err in finding that this ground was established, we need not address the trial court’s decision with respect to MCL 712A.19(b)(3)(j).

Ward v. Siano

272 Mich. App. 715 · Michigan Court of Appeals · Feb 28, 2007

The problem with these issues is that § 5852 indisputably qualifies as a saving provision, and its designation as such was not a new pronouncement. … In my opinion, the pre-Waltz road maps clearly established that whichever statute contained the outermost time limit for filing suit contained the relevant limitations period. 11 That statute was the “statute of limitations

Estate of Naomi Richardson v. Ryan Jalen Menifee

Michigan Court of Appeals · Jan 19, 2023

To establish that the misrepresentation was material, Integon relied on Akrawi’s testimony. … Indeed, this Court has instructed that a defending party should amend its 4 With that affirmative defense, defendant stated, “Plaintiff’s claims are in some manner fraudulent or so clearly excessive as to have no reasonable

Ke'shon Johnson v. State Farm Mutual Automobile Insurance Company

Michigan Court of Appeals · Jun 25, 2020

One of the issues in Stanton was whether a “forklift” was a “motor vehicle” under the motor vehicle exception to governmental immunity. … Clearly, defendant was aware of the term “land motor vehicle” and, for whatever reason, chose to not define “motor vehicle” under the relevant section as a “land motor vehicle.”

John Doe v. John Doe I

Michigan Court of Appeals · Dec 4, 2014

Accordingly, Superior has failed to establish an instructional error requiring reversal. … Thus, the law-of-the-case doctrine controls the issue of EMSA immunity because the facts on remand remained materially the same.

20250115_C367643_26_367643.Opn.Pdf

Michigan Court of Appeals · Jan 15, 2025

Miller has failed to show that the trial court’s credibility determinations were clearly erroneous. … Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Rd Comm, 236 Mich App 546, 550; 600 NW2d 698 (1999).

In Re Butler Minors

Michigan Court of Appeals · Mar 13, 2025

We hold the trial court did not clearly err in determining statutory grounds existed. A. … Therefore, the trial court did not clearly err in finding that a statutory ground existed to terminate respondent’s parental rights under MCL 712A.19b(c)(i) because clear and convincing evidence established that respondent

In Re Sway Minors

Michigan Court of Appeals · May 16, 2024

The testimony at trial established that respondent-father’s lifestyle lacked permanence and stability. … The evidence established that respondent-mother had sufficiently addressed her own needs for income and housing, but she needed more time to establish that she could meet her children’s basic needs.