Case law

20250218_C370776_46_370776.Opn.Pdf

Michigan Court of Appeals · Feb 18, 2025

The deposit will be refunded if the recount establishes the petitioner’s allegations of fraud or error. … mean a political subdivision, the area of which is embraced in its entirety within the confines of a city, ward, township or village, and for which not more than 1 polling place is provided for all qualified

Sheryl L Brown v. Michael Brown

Michigan Court of Appeals · Jul 18, 2024

In 2005, the parties stipulated to the entry of three Qualified Domestic Relations Orders (QDROs) regarding each party’s right to receive retirement benefits from the other’s retirement plan upon retirement or death. … The Court did not overrule or replace established caselaw concerning when the 10-year period of limitations in MCL 600.5809(3) begins to run; in fact, Dorko clearly reiterated the principle that “[a] claim accrues ‘at the

Estate of Michael Schlicker v. Frederick Kanicki

Michigan Court of Appeals · Dec 5, 2025

“[A] driver shall not operate his vehicle so fast that he cannot bring it to a complete stop within that distance ahead of him in which he can clearly perceive any object that might appear in his path.” … On the other hand, suddenly noticing a stopped vehicle upon returning one’s attention forward after glancing in the rearview mirror does not qualify.

Dylan Parraghi v. Edward Chodyniecki

Michigan Court of Appeals · Nov 3, 2022

There is no dispute here that that lane was in fact open, that it was clearly visible from oncoming traffic. … Further, the ordinance provided local officials with immunity from any liability arising from the use of an ORV on roads; the ability to fine individuals that violated the ordinance; and the ability to collect funds for damages

John Lacaria Jr v. Aurora Borealis Motor Inn Inc

Michigan Court of Appeals · Nov 8, 2016

He admitted that he had no documentation establishing his need for a service dog and that his dog had undergone no formal training. … -1- a clearly posted “no pets” policy.

In Re Truax Minors

Michigan Court of Appeals · Nov 21, 2023

parental rights, which is required to terminate parental -5- rights at the initial dispositional hearing, see MCR 3.977(E)(1), and it also contained allegations that qualify … Accordingly, the trial court did not clearly err by terminating respondent’s parental rights under MCL 712A.19b(3)(b)(i), (k)(ii), and (k)(ix).

in Re Kapp Estate

Michigan Court of Appeals · Oct 18, 2018

This is consistent with the well-established rule that courts should effectuate the testator’s intent. … Drainage Dist, 296 Mich App 214, 220; 818 NW2d 478 (2012) (“A court by definition abuses its discretion when it makes an error of law.”). 4 Further, the probate court’s finding that there were no assets in the estate was clearly

Vita S Shannon v. Aron L Ralston

Michigan Court of Appeals · Mar 12, 2020

] -3- “The court’s factual findings are against the great weight of the evidence if the evidence clearly preponderates in the opposite direction.” … Moreover, plaintiff has not established the applicability of any ground for vacating the arbitrator’s award.

Washtenaw County v. State Tax Commission

126 Mich. App. 535 · Michigan Court of Appeals · Jun 21, 1983

the counties at values higher than the county equalized value (CEV) established by the county boards of commissioners. … First, the term "true cash value” appearing in Const 1963, art 9, § 3, does not stand alone but must be read in context with the qualifying language "the legislature shall provide”.

People of Michigan v. Eric Jay Anderson

Michigan Court of Appeals · Apr 11, 2025

“The trial court’s findings are clearly erroneous if this Court is definitely and firmly convinced that the trial court made a mistake.” … ACCIDENT RECONSTRUCTION Defendant additionally contends that Chief Davis was not qualified to provide an opinion on the cause of the marks to Nowak’s vehicle because Chief Davis was not qualified as an expert witness

Bruce Millar v. Construction Code Authority

Michigan Court of Appeals · Aug 4, 2016

“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.” … To establish a prima facie case that an employer violated the WPA, a plaintiff must establish the following three elements; -4-  (1) The employee was engaged in one

Solange Spinelli De Carvalho Santos v. Bruno Vinicius De Santos

Michigan Court of Appeals · Jun 10, 2026

“A finding of fact is against the great weight of the evidence if the evidence clearly preponderates in the opposite direction.” Pennington, 329 Mich App at 570. … In addition, the record was clear that, at that time, defendant was the only parent offering MCS the type of care that qualified as an established custodial environment, and MCS no longer looked to plaintiff for guidance

Charlie Dalton Davis v. Elise Cathryn Schnuphase

Michigan Court of Appeals · Jul 28, 2022

As such, it qualifies as a final order under MCR 7.202(6)(a)(i), and it is not subject to the limitation in MCR 7.203(A)(1) for appeals from an order described in MCR 7.202(6)(a)(iii)-(v). … the evidence clearly preponderates in the opposite direction.

Angell Cyars-Williams v. Thomas Skender

Michigan Court of Appeals · Apr 27, 2023

A body-cam video of the incident clearly shows Skender’s continued use of his cellular telephone in the minutes leading up to the rear-end collision. … In the video, Skender can clearly be heard cursing and saying that he “rear-ended” Cyars-Williams.

People of Michigan v. Alexander Aceval

Michigan Court of Appeals · Apr 17, 2025

Because Aceval fails to establish error or that the outcome of the trial would have been different without the tip information, he is not entitled to relief. B. … A trial court clearly errs “when the reviewing court is left with a definite and firm conviction that an error occurred.” People v Buie, 491 Mich 294, 315-316; 817 NW2d 33 (2012) (citation omitted).

Marna Lynn Cornille v. Paul Jean Cornille

Michigan Court of Appeals · Dec 16, 2025

Defendant is not qualified for this bonus program under his current position and only receives nonguaranteed quarterly bonuses. In 2023, he -1- received both bonuses. … The evidentiary record establishes that both parties are financially supporting EC through a joint bank account.

People of Michigan v. Mark Allen Porter

Michigan Court of Appeals · Feb 1, 2024

The opinion further provided that, “Witnesses testified that Dorothy’s Wendel’s bedroom, where the physical assault of Dorothy clearly occurred, was strewn with a large amount of blood. … The plain language of MCL 770.16(3) does not specify the precise type of biological material sufficient to qualify for postconviction inspection or testing; rather, the statute mandates that a form of biological material

People of Michigan v. Collin Christopher Quint

Michigan Court of Appeals · Oct 27, 2022

Petitioner’s contention that the foster-care worker—the only “qualified witness” did not observe a bond is unsupported by the record. … Incredibly, father testified he did not believe CAQ had any special needs, despite the numerous medical records, testimony, and services provided to CAQ clearly establishing the contrary.

Christina a Sevilla v. Heartland Health Care Center-Hampton

Michigan Court of Appeals · Jun 28, 2016

rule promulgated under this article; who assists in originating, investigating, or preparing a report or complaint; or who assists the department in carrying out its duties under this article is immune … The public policy of Michigan is not merely the equivalent of the personal preferences of a majority of this Court; rather, such a policy must ultimately be clearly rooted in the law.

People of Michigan v. Robert Dwane Howard

Michigan Court of Appeals · Aug 10, 2023

Tanis was, in fact, qualified to testify as an expert under MRE 702. Thus, the trial court reasoned that the failure to take the formal steps to verify that Dr. … Attorney Adams clearly was trying to develop Dr.