Case law

Porscha Shantel Sharp v. Samantha Marie Tracht

Michigan Court of Appeals · Aug 19, 2025

It appears that the same reasoning would apply in the instant case: plaintiff is clearly challenging only the trial court’s earlier summary disposition ruling in Progressive’s favor and is not claiming error in the stipulated … With respect to assignments, our Supreme Court explained that “ ‘[u]nless in some way qualified, [an assignment] is properly the transfer of one’s whole interest in an estate, or chattel, or other thing’ ” and that an assignment

Angela Young v. Bethel Young

Michigan Court of Appeals · Dec 22, 2022

Because the trial court made several clear legal errors by improperly considering, 1 The trial court’s explanation for its conclusion that the established custodial environment was with Angela was brief: “[T]here is clearly … It indicated there was not yet a “full-fledged job offer” and it was conditioned on Angela being qualified as a nurse, a condition that “ha[d] not yet been met.”

People v. Eliason

300 Mich. App. 293 · Michigan Court of Appeals · Apr 4, 2013

Despite that the trial court lacked the benefit of Miller’s reasoning when it imposed sentence, I believe that the trial court has clearly and unequivocally expressed its opposition to any sentence less than mandatory life … Thus, sentencing a juvenile convicted of first-degree murder to life imprisonment without parole may sometimes qualify as inconsistent with substantial justice.

Orlando Scott v. Michigan Automobile Insurance Placement Facility

Michigan Court of Appeals · Oct 13, 2022

Under MCL 500.3171(2), the Legislature authorized the MAIPF to establish the MACP. … First addressing whether Citizens pleaded fraud in their answer, they clearly did.

Rana Radha v. Ahmed Mohammed

Michigan Court of Appeals · Dec 22, 2025

The trial court’s findings regarding an established custodial environment should be affirmed unless the evidence clearly preponderates in the opposite direction. Pennington, 329 Mich App at 570. … Defendant has not shown that the trial court’s findings on the established custodial environment are against the great weight of the evidence when the evidence does not clearly preponderate in the opposite direction.

People of Michigan v. Jamal Iban Williams

Michigan Court of Appeals · Aug 9, 2016

The trial court did not clearly err by concluding that Cole was unavailable. … Because it was not necessary to qualify Booms as an expert to provide this testimony, defendant cannot establish that the prosecutor’s elicitation of it denied him a fair trial.

Estate of Maged Abdelmaguid v. Dimensions Insurance Group LLC

Michigan Court of Appeals · Feb 8, 2024

However, when considering this Court clearly stated that, in a case like this one, an insured is harmed at the moment the insurer denies a claim. … As established above, all of the tort claims asserted by plaintiff require proof of actual damages.

People of Michigan v. Daniel J Saarela

Michigan Court of Appeals · Oct 13, 2022

However, defendant does not argue that Deputy Smith was not qualified to provide expert testimony, nor does he argue that the trial court would not have properly qualified Deputy Smith as an expert. … “To establish plain error, the defendant must establish that (1) an error occurred, (2) the error was ‘plain’—i.e., clear or obvious, and (3) the error affected substantial rights—i.e., the outcome of the lower court proceedings

People of Michigan v. John Dereck Mahl

Michigan Court of Appeals · Dec 5, 2025

In addition, to establish ineffective assistance of counsel, the defendant must establish the factual predicate for the claim. People v Douglas, 496 Mich 557, 592; 852 NW2d 587 (2014). … This element of both counts of CSC I was clearly demonstrated without the testimony of Cousins, Rice, or Woodward.

Frank Kovalic v. Department of Treasury

Michigan Court of Appeals · Sep 12, 2019

To claim the PRE, the taxpayer is required to establish, by affidavit, that he or she owns and occupies the property subject to the PRE. MCL 211.7cc(2). A. … Plaintiffs have cited no published authority wherein the Tax Tribunal permitted a party to use a corrective deed as a means of qualifying for a tax exemption.

Sri Nithyananda Swami v. Aarthi Rao

Michigan Court of Appeals · Mar 26, 2015

The alternative forum may qualify as inadequate only “[i]n rare circumstances, . . . where the remedy offered by the other forum is clearly unsatisfactory[.]” Id. at 254 n 22. … The circuit court determined that “[d]efendant has established the materiality and importance” of witnesses located in India. That conclusion is beyond dispute.

People v. Marks

155 Mich. App. 203 · Michigan Court of Appeals · Oct 7, 1986

At the time of Marks’ arrest, the evidence against him was that he was seen standing close to an establishment within minutes after a silent alarm had been triggered, he ran when the police approached, and he had wood chips … In this case, the evidence was clearly sufficient to convict Holmes on an aiding and abetting theory.

in Re Demonte Joseph Scott

Michigan Court of Appeals · Apr 25, 2017

In Fackelman, 489 Mich at 536-537, the Michigan Supreme Court held that a psychiatry report was not admissible under MRE 803(b) because a record keeper or other qualified witness did not testify to establish the foundation … “The trial court’s decision to admit identification evidence will not be reversed unless it is clearly erroneous.”

In Re D v. Lange Minor

Michigan Court of Appeals · Nov 2, 2023

ANALYSIS DHHS argues on appeal that the trial court clearly erred when it refused to exercise jurisdiction over DVL under MCL 712A.2(b)(1). … Testimony established that respondent refused DHHS’s assistance in obtaining outpatient treatment, including in-home services.

Tivon Humphries v. 21st Century Premier Insurance Company

Michigan Court of Appeals · Apr 16, 2019

The proponent of evidence bears the burden of establishing the relevance and admissibility of the evidence. Gilbert, 470 Mich at 781. … This statute establishes two prerequisites for the award of attorney fees.

Estate of Patricia a Watland v. Ali J Manns Rn

Michigan Court of Appeals · Dec 26, 2017

In fact, under MCL 600.2169(1)(a), he was not qualified to offer standard of care testimony. … The trial court also clearly invited the attorneys’ comments on how to respond.

Abraham Kolnierz v. Norman Kobylarz

Michigan Court of Appeals · Aug 15, 2019

Defendant also argued that, under MCR 2.116(C)(10), plaintiff could not establish that all of the funds in question had in fact originally belonged to plaintiff. … In other words, a party seeking a constructive trust must establish that it is necessary to “do equity or prevent unjust enrichment. Id. (citation omitted).

City of Riverview v. Forest Island Recycling II Inc

Michigan Court of Appeals · May 19, 2015

Next, we turn to whether Riverview established that Forest Island II and intervenors had actual intent to defraud Forest Island II’s creditors. … Factor (e) provides that a badge of fraud is established if “[t]he transfer was of substantially all of the debtor’s assets.” MCL 566.34(2)(e).

Martaz Coleman v. Magni Industries Inc

Michigan Court of Appeals · Mar 5, 2026

Accordingly, we conclude that the contract in this case qualifies as an adhesion contract subject to close judicial scrutiny. Id. … In determining whether to give a holding retroactive or prospective effect, the “threshold question [is] whether the decision clearly established a new principle of law.” Id.

Estate of Patricia a Watland v. Ali J Manns Rn

Michigan Court of Appeals · Dec 26, 2017

In fact, under MCL 600.2169(1)(a), he was not qualified to offer standard of care testimony. … The trial court also clearly invited the attorneys’ comments on how to respond.