Case law

Gina Mandujano v. Anastasio Guerra

Michigan Court of Appeals · Apr 3, 2018

Plaintiff alleged in her complaint that her injuries qualify as serious impairment of body function and/or permanent serious disfigurement. … But despite there being no case law examples of mutual bailments arising in noncommercial settings, the concept of a bailment and the standard for the creation of a bailment is clearly defined in Michigan case law.

20241114_C370883_35_370883.Opn.Pdf

Michigan Court of Appeals · Nov 14, 2024

Nancy Simms, a child abuse pediatrician, was qualified as an expert in pediatrics with a specialty in child abuse and neglect. Dr. … Regardless, if at least one statutory ground for termination is established, “we need not -3- consider whether the other grounds cited by the trial court also supported

In Re C J McCallum Minor

Michigan Court of Appeals · Nov 21, 2024

A finding is clearly erroneous if, even if some evidence supports the finding, the reviewing court is nevertheless left with the firm and definite conviction that the lower court made a mistake. … See also, e.g., In re Dixon (On Reconsideration), ___ Mich App ___, ___; ___ NW3d ___ (2023) (Docket No. 363388); slip op at 9 n 2 (noting that the significant other of the child’s father qualified as the child’s “ ‘fictive

Bob-Lo Co. v. Department of Treasury

112 Mich. App. 231 · Michigan Court of Appeals · Jan 6, 1982

"The record indicates there are no established means of access from the Canadian shore to the island. There is no evidence of even surreptitious entry from the Canadian mainland. … Its relevant language, emphasized below, would not qualify a vessel for exemption unless it traveled from Michigan to another state.

Ruben Torres v. William Ten Eyck

Michigan Court of Appeals · Feb 9, 2016

“An easement does not displace the general possession of the land by its owner, but merely grants the holder of the easement qualified possession only to the extent necessary for enjoyment of the rights conferred by the easement … The Latham Court held that, while an exclusive easement that bars even the servient estate from use of the easement is possible, such as easement must “clearly and specifically provide for exclusivity in the dominant estate

Carlos Bell v. Civil Service Commission

Michigan Court of Appeals · Jul 16, 2020

-6-  On appeal, this Court held that the trial court had clearly erred by finding that the plaintiffs had established numerosity. … Accordingly, we cannot say that the trial court clearly erred by finding that plaintiff met the requirement for numerosity.

Paul Burton v. Franz Gerschwiler

Michigan Court of Appeals · Oct 19, 2023

“An owner of an easement cannot displace the possessor or the owner of the land, but . . . has a qualified right to possession” to the extent necessary for enjoyment of the easement. … As for Melvin and Kim Herbert, and Jack Gibson, there was no testimony establishing their open use of the dock for the requisite period.

John Burn v. Douglas Poropat

Michigan Court of Appeals · May 16, 2019

On appeal, plaintiffs argue that “it is reasonably necessary for the contours of the cul-de- sac contained within the confines of the easement to be clearly established.” … Maintaining the easement, however, does mean that plaintiffs have the right to turn it into a parking lot for their guests, although parking along the easement is clearly permissible.

W a Foote Memorial Hospital v. Farmers Insurance Exchange

Michigan Court of Appeals · Feb 18, 2020

The fact that the stipulation does not mention plaintiff’s right to a direct cause of action or state that plaintiff is the proper party to establish Jacobs’s qualification for benefits is particularly notable given the procedural … “It is well established that an assignee stands in the shoes of an assignor, acquiring the same rights and being subject to the same defenses as the assignor.”

20251112_C371521_128_371521.Opn.Pdf

Michigan Court of Appeals · Nov 12, 2025

Here, the trial court found that the child did not have an established custodial environment, and the evidence did not clearly preponderate against this finding. … The evidence, therefore, did not clearly preponderate against the trial court’s finding.

Kathleen Micheli v. Michigan Automobile Ins Placement Facility

Michigan Court of Appeals · Feb 10, 2022

In contrast, the plain language of MCR 2.302(B)(1) clearly obligates the trial court to balance the burden of the proposed discovery against the value of the proposed discovery. … Kneiser was qualified to conduct a mental or physical examination under MCL 500.3151.

Relevar Home Care v. Meemic Insurance Company

Michigan Court of Appeals · Sep 16, 2025

That may be, but the trial court admitted the nursing note to show why Wilson took the actions that she did in treating Luczak, and not because the note qualified as a hearsay exception and thus could be admitted for the … When the reviewing court is left with a definite and firm conviction that the trial court made a mistake, the trial court’s decision was clearly erroneous. Id.

In Re Wilson Minors

Michigan Court of Appeals · Mar 14, 2024

DHHS did not have to establish that the offenses involved penetration. … “The trial court’s factual findings are clearly erroneous if the evidence supports them, but we are definitely and firmly convinced that it made a mistake.” Id. at 709-710.

Amy Scotto-Divetta v. Ann Kawaske

Michigan Court of Appeals · Jun 12, 2025

Things or events that came into existence or took place after trial do not generally qualify as grounds for a new trial because they could not have been the subject of testimony at trial. … The emphasis of defendant’s argument on appeal is that the $35,000 amount of damages was clearly erroneous.

People of Michigan v. Dequanta Jovan Hudson

Michigan Court of Appeals · Mar 10, 2016

The Court in Harper established that evidence concerning tracking dogs is admissible if it can be shown, as a condition precedent, that “(1) the handler was qualified to use the dog; (2) the dog was trained and accurate in … The Court further held: [C]adaver dog evidence is sufficiently reliable under Daubert3 and Gilbert4 if the proponent of the evidence establishes the foundation that (1) the handler was qualified

People of Michigan v. Jadzia Nicole Checchi

Michigan Court of Appeals · Oct 10, 2024

“For spoken words to qualify as an assertive ‘statement’ under the hearsay rules, those words must contain an assertion of fact that is—when made—capable of being true or false.” … To establish entitlement to relief under plain-error review, the defendant must establish that an error occurred, that the error was plain, i.e., clear or obvious, and that the plain error affected substantial rights.”

20240222_C365747_28_365747.Opn.Pdf

Michigan Court of Appeals · Feb 22, 2024

STANDARDS OF REVIEW AND GOVERNING LAW “The standard of review on appeal in cases where a probate court sits without a jury is whether the court’s findings are clearly erroneous.” … The second sentence says, “Grantors intend to satisfy this distribution by naming their respective Children as beneficiaries of their qualified retirement plans.” (Emphasis added.)

William Dothard v. Kinross Correctional Facility Warden

Michigan Court of Appeals · Jan 23, 2025

Testimony established that “Wade and defendant Dothard both entered Harper’s house at gunpoint and announced a robbery. … The jury is charged with determining whether malice was established. Id. at 729.

Brianne Sanders v. Shady Awad

Michigan Court of Appeals · Apr 16, 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.” … Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Rd Comm, 236 Mich App 546, 550; 600 NW2d 698 (1999).

People v. Johnson

83 Mich. App. 1 · Michigan Court of Appeals · May 8, 1978

Clearly, neither the prosecution nor the defendant should be given an advantage by the way the request for a theory-of-the-case instruction is phrased. … Therefore, since the prosecutor presented evidence to support each *17 element of the crime charged, a prima facie case was established, sufficient to preclude a directed verdict.