Case law

In Re M R Sutton Minor

Michigan Court of Appeals · Jun 13, 2025

“A decision qualifies as clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made.” … In light of the record established in the trial court, we conclude that the trial court did not clearly err in finding that termination of respondent-mother’s parental rights was warranted under MCL 712A.19b(3)(c)(i).

People of Michigan v. Kenneth Anthony Walker

Michigan Court of Appeals · Sep 10, 2020

A finding is clearly erroneous if this Court is “left with a definite and firm conviction that the trial court made a mistake.” … We agree with the trial court that Walker has not established either prong.

People of Michigan v. James Scott

Michigan Court of Appeals · May 10, 2018

This qualifies as an assault, which is defined as “an unlawful act which places another in reasonable apprehension of receiving an immediate battery.” … Viewing the evidence in the light most favorable to the prosecution, there is sufficient evidence to establish that defendant assaulted or put the victim in fear while taking her phone. MCL 750.530(2).

D People of Michigan v. Marquis Deangelo Nelson

Michigan Court of Appeals · Feb 24, 2022

Roth, whose testimony preceded that of Ziegler, was not qualified as an expert and, thus, he was limited to testifying as a lay witness. … “Absent the establishment of errors, there can be no cumulative effect of errors meriting reversal.” Dobek, 274 Mich App at 106.

David Guster v. Meyer Distributing Inc

Michigan Court of Appeals · Jun 16, 2022

The evidence clearly establishes that plaintiff only was offered that position on a temporary basis while he was receiving worker’s compensation benefits for a work-related injury. … A plaintiff can establish that the employer’s proffered reasons for the adverse employment action qualify as pretextual by demonstrating that the reasons (1) had no basis in fact, (2) were not the actual factors

People of Michigan v. Gregory Allen Belkin

Michigan Court of Appeals · Feb 28, 2019

as a weapon under OV 1 it cannot qualify as a weapon under OV 2. … A nolo contendere plea establishes “a defendant’s desire not to contest the issue of his factual guilt.

Shelby Baumgartner v. Perry Public Schools

309 Mich. App. 507 · Michigan Court of Appeals · Mar 12, 2015

The answer to both questions is clearly “yes.” III. ANALYSIS A. … teacher on continuing tenure whose services are terminated because of a necessary reduction in personnel shall be appointed to the first vacancy in the school district for which the teacher is certified and qualified

People of Michigan v. Fedrico Genaldo Simon

Michigan Court of Appeals · Sep 2, 2025

“To establish such a case, the defendant first must show that he is a member of a cognizable racial group, and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant’s race … Therefore, the trial court clearly erred by finding that the prosecutor provided a racially neutral explanation for his peremptory challenge regarding Juror 7.

Dock Farish v. Department of Talent and Economic Development

Michigan Court of Appeals · Dec 11, 2018

A motion under MCR 2.116(C)(8) may be granted only where the claims alleged are so clearly unenforceable as a matter of law that no factual development could possibly justify recovery. … They point to state unemployment law in which the Legislature expressly permitted the UIA to recover overpayments and enforce interest and penalties, which they argue establishes that plaintiffs do not have an “unfettered

A & M SUPPLY CO. v. Microsoft Corp.

252 Mich. App. 580 · Michigan Court of Appeals · Nov 13, 2002

establishing class-wide a means of determining damages. … Thus, the trial court clearly erred when it certified the class proposed for this lawsuit.

People of Michigan v. Davion Tashawn Davis

Michigan Court of Appeals · Feb 10, 2026

The jury was then apprised, through the parties’ stipulation, that Shakoor received statutory use immunity. … Here, defendant’s prior statements in which he threatens to hurt or assault the victim for having a relationship with defendant’s aunt and lying to defendant about it are clearly relevant to his state of mind and motive.

People of Michigan v. Andrew Michael Swoffer-Sauls

Michigan Court of Appeals · Mar 24, 2022

so qualifying the witness when the record clearly indicates that the witness in question did in fact qualify as an expert. … Plaintiff concedes that the trial court erred by conducting the sentencing hearing without defendant’s physical presence and without establishing defendant’s waiver of that right on the record.

Stephen R Cole v. Benzie County Parks and Recreation Commission

Michigan Court of Appeals · Feb 9, 2016

Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Rd Comm’n, 236 Mich App 546, 554; 600 NW2d 698 (1999). … Thus, the trial court did not clearly err in finding that the Road Commission performed maintenance sufficient to establish a common-law dedication and acceptance. B.

Roger Turunen v. Department of Natural Resources

310 Mich. App. 635 · Michigan Court of Appeals · Jun 2, 2015

The circuit judge also concluded that the animals under plaintiffs’ control were exempt from the invasive species order because they qualified as domestic hogs. … -8-  Well-established principles guide our analysis.

Strach v. St. John Hospital Corp.

160 Mich. App. 251 · Michigan Court of Appeals · May 18, 1987

Obviously, where there is no underlying tort, there can be no vicarious liability — whether or not an agency relationship is established. … The tape was properly received into evidence after authentication and relevance were established.

In Re Jbrb Minor

Michigan Court of Appeals · Apr 20, 2023

To qualify as a “do something” father, a putative father must demonstrate that he has either (1) established a custodial relationship with the child or (2) provided “substantial and regular support or care in … The trial court did not clearly err in finding that father had established a custodial relationship with the twins.

David Robert Padecky v. Muskegon Charter Township

Michigan Court of Appeals · Sep 8, 2022

There is no dispute that plaintiff qualifies as a veteran under the Act, and proceeds from his hot dog stand are to be used for his direct personal benefit. … The Township’s zoning ordinance therefore clearly does not conflict with the Act merely by restricting mobile food stands to a single zoning district.

Tomra of North America Inc v. Department of Treasury

Michigan Court of Appeals · Jul 21, 2022

“Clearly, the activities of planning [and] scheduling . . . are likely to predate tangible personal property beginning movement from raw-materials storage to begin industrial processing.” Id. … to support a finding of negligence and the taxpayer bears the burden of establishing facts that will negate a finding of negligence.”

Farm Bureau Mutual Insurance Co of Mi v. Blarney Castle Oil Co

Michigan Court of Appeals · Dec 11, 2025

“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.” Id. … Clarke testified that the fuel gauge clearly failed when it was displaced by excess oil.

Felicia Talley v. Detroit Public Schools

Michigan Court of Appeals · Jan 24, 2017

In those cases, a plaintiff’s case will move forward and the plaintiff can establish discrimination in the same manner as any other civil case. … The trial court clarified that defendants’ decision to not select plaintiff “was clearly a business decision,” and that plaintiff’s race and gender did not motivate defendants’ decision.