Case law

David J Szymanski v. County of Wayne

Michigan Court of Appeals · Apr 25, 2024

If the moving party properly supports his or her motion, the burden shifts to the nonmoving party to establish that a genuine issue of material fact exists. … “As the trial court held, . . . the term ‘County’ clearly refers to Wayne County; and the term ‘service’ plainly refers to employment with the County.

People of Michigan v. Khafra Cortez Chapple

Michigan Court of Appeals · Jan 11, 2024

Thus, any of the credentials of “knowledge, skill, experience, training, or education” may suffice to qualify a person as an expert. The trial court determined that Detective Street was qualified by experience. … Chapple has failed to establish error, let alone plain error affecting his substantial rights, with respect to this issue.

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.”

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.

John a Cook v. Farm Bureau Life Insurance Company of Michigan

Michigan Court of Appeals · Apr 2, 2019

The above provisions clearly establish that plaintiff is in control of the time, manner, and place of soliciting clients and servicing policyholders. … However, additional provisions in the agreement clearly establish that defendant controlled plaintiff’s compensation: G. Compensation.

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.

People of Michigan v. Demetrice Maurice Patrick

Michigan Court of Appeals · Jun 28, 2016

Thus, the trial court clearly erred in assessing 15 points for OV 19. See Hardy, 494 Mich at 438. … “Prejudice must be shown, or facts clearly establishing the inference that it occurred from what was said or done,” and the “error must appear affirmatively.”

People of Michigan v. Michael James Sherwood

Michigan Court of Appeals · Jul 28, 2015

Defendant argued that he was entitled to immunity under the MMMA, or, in the alternative, he was entitled to present the defense to the jury. … On December 21, 2012, the trial court held an evidentiary hearing to determine whether defendant was entitled to immunity or to assert the defense during trial.

Dmytro Maksymenko v. Consumers Energy Corporation

Michigan Court of Appeals · Apr 27, 2026

In short, Wood clearly and repeatedly disavowed any claim that Consumers failed to use due care when replacing the service line outside plaintiff’s home. … Because the majority disregards this clear and well-established caselaw, I respectfully dissent. /s/ Colleen A.

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.

In Re Jv Bs Sz Minors

Michigan Court of Appeals · Mar 17, 2025

However, in the “Background” portion of the assessment, it was set forth that JV had already been diagnosed with these conditions and qualified for Community Mental Health services. … In light of this evidence, the trial court did not clearly err by finding that the statutory grounds for termination were established. C.

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.

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

Council of Organizations & Others for Ed v. State of Michigan

Michigan Court of Appeals · Oct 16, 2018

The purpose of these appropriations was “clearly, plainly and unambiguously” to aid nonpublic schools in meeting the increasing costs of education. … Employing legally qualified teachers is a primary -7- function of a school.

People of Michigan v. Frank David Keipp

Michigan Court of Appeals · Jun 22, 2026

De novo review of the record establishes that such deficiencies are not present in this case. … Trial counsel also explained that the evidentiary value of the statement would be undermined by other evidence that clearly established that defendant hurt the victim.

Associated Builders & Contractors v. Department of Consumer & Industry Services Director

267 Mich. App. 386 · Michigan Court of Appeals · Oct 13, 2005

Speculation About Standards Plaintiff's final argument on cross-appeal is that the circuit court clearly erred in dismissing its claim that the PWA is unconstitutionally vague both on its face and in its application because … Our legal training makes us no more qualified to resolve these public policy issues than teachers or truck drivers, no more *522 able to sense and act upon the public will than funeral directors or fire fighters, no wiser

In Re Harden Minors

Michigan Court of Appeals · Apr 20, 2023

In sum, this Court does not have jurisdiction over this appeal as of right because the June 9, 2022 order does not qualify as a final order under MCR 7.202(6), the order does not implicate jurisdiction under MCR 3.993(A)( … Accordingly, the trial court did not clearly err by finding that a preponderance of the evidence supported the statutory grounds for jurisdiction. IV.

In Re Jbrb Minor

Michigan Court of Appeals · Feb 16, 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.

Michigan Dept of Transportation v. Panacea Redevelopment Corp

Michigan Court of Appeals · Sep 22, 2015

A finding is clearly erroneous if the Court is left with a definite and firm conviction that a mistake has been made. … At times, though, he qualified his position to explain that there was “not a lot of demand” and “little to no demand.”

in Re Washington Estate

Michigan Court of Appeals · Jun 25, 2019

The probate court did not clearly err or abuse its discretion by holding Vera in civil contempt. … (vi) Instruct a trustee and determine relative to a trustee the existence or nonexistence of an immunity, power, privilege, duty, or right. . . .