Case law

20221122_C360693_48_360693.Opn.Pdf

Michigan Court of Appeals · Nov 22, 2022

The Anthony Court relied on Kazmierczak for the proposition that the “odor of contraband, standing alone, can be sufficient to justify a finding of probable cause if smelled by a qualified person.” … Therefore, as the fact-finder, the trial court did not clearly err when it found that this was the first time Corporal Eaton saw the gun.

Werdlow v. Detroit Policemen & Firemen Retirement System Board of Trustees

269 Mich. App. 383 · Michigan Court of Appeals · Mar 31, 2006

benefit plan established to provide retirement allowances to police officers, fire fighters, and their beneficiaries. … Plaintiffs alleged that “[t]he Board composition proposal is clearly one effecting [sic] ‘compensation’ or ‘cash benefits’ as the Arbitrator in the DPOA Award shows that the *391 Unions majority status has, in fact been a

People of Michigan v. Jacob M Perez

Michigan Court of Appeals · Jul 30, 2015

Defendant lived with Vance and had a dating relationship with her, qualifying her as a family or household member under the statute. … The evidence was not needlessly cumulative because it helped establish a pattern of domestic violence in the relationship.

People of Michigan v. Jeremy Scott Dunklee

Michigan Court of Appeals · Jan 25, 2024

Nevertheless, a defendant’s noncooperation must be established “to the trial court’s satisfaction . . . on a case-by-case basis.” Id. … Additionally, MCL 769.12(1) clearly states that “attempts to commit felonies” satisfy the prior-offense requirements with regard to sentence enhancements.

in Re Erber Guardianships

Michigan Court of Appeals · Dec 14, 2017

Turning to parenting time, the court fully explored issues relating to integrating petitioner back into his children’s lives, in a therapeutic setting and with the guidance of an appropriately- qualified therapist. … The court then, very clearly, indicated that it was not ready to rule on the parenting time issue, and therefore was taking that “issue under advisement.”

in Re Erber Guardianships

Michigan Court of Appeals · Dec 14, 2017

Turning to parenting time, the court fully explored issues relating to integrating petitioner back into his children’s lives, in a therapeutic setting and with the guidance of an appropriately- qualified therapist. … The court then, very clearly, indicated that it was not ready to rule on the parenting time issue, and therefore was taking that “issue under advisement.”

People of Michigan v. Kade Kriston Perrigo

Michigan Court of Appeals · Jan 18, 2024

The failure to object qualified as a forfeiture, and the court reviewed the instruction for plain error.” Id. (emphasis added). … The trial court also ruled the recorded interview qualified as “impeachment evidence.” This, too, constituted an abuse of discretion.

People of Michigan v. James Howard Shaul

Michigan Court of Appeals · Nov 22, 2016

The trial court did not clearly err when it found that the victim suffered a serious psychological injury requiring professional treatment. … It must be separate from the behavior establishing the sentencing offenses. Id. at 723.

Niles Township v. Berrien County Board of Commissioners

261 Mich. App. 308 · Michigan Court of Appeals · Mar 23, 2004

Legislature is presumed to know the rules of grammar, Mayor of Lansing v Public Service Comm, 257 Mich App 1, 14 ; 666 NW2d 298 (2003), statutory language must be read within its grammatical context unless something else was clearly … This constitutes further evidence that the Legislature intended that procedures to establish special assessments for police and fire protection be governed by MCL 41.801 et seq., unless the township issues bonds, and that

People of Michigan v. Dionte Deshaun Clingman

Michigan Court of Appeals · May 14, 2020

Michigan jurisprudence had already “established that an examining physician could not opine that sexual abuse had occurred unless that opinion was supported by physical findings.” … Nevertheless, in Smith, our Supreme Court noted an interesting caveat: the possibility that a witness was actually qualified “as an expert in assessing credibility.” Smith, 425 Mich at 109.

Lake Adrian Developers LLC v. City of Adrian

Michigan Court of Appeals · Dec 17, 2015

A court may grant a motion under MCR 2.116(C)(8) “only where the claims alleged are so clearly unenforceable as a matter of law that no factual development could possibly justify … The plaintiff in Holton asserted the same argument, i.e., that the ILSA granted him riparian rights to an artificial watercourse because it qualified as an inland lake by definition. Holton, 303 Mich App at 729.

in Re Coh, Erh, Jrg, Kbh Minors

Michigan Court of Appeals · Dec 4, 2014

The trial court rejected Scribner’s assertion that the MCI superintendent’s decision was clearly and convincingly arbitrary and capricious. … Clearly, this analysis is equally applicable to adoption petitions after parental rights have been terminated.

Residential Funding Co. v. Saurman

292 Mich. App. 321 · Michigan Court of Appeals · Apr 21, 2011

The sole question presented is whether MERS is an entity that qualifies under MCL 600.3204(l)(d) to foreclose by advertisement on the subject properties, or if it must instead seek to foreclose by judicial process. … The record evidence establishes that MERS owned neither the notes, nor an interest, legal share, or right in the notes. The only interest MERS possessed was in the properties through the mortgages.

Scott Vandercook v. State Police

Michigan Court of Appeals · Jun 29, 2023

Vandercook alleges that, on several of those occasions, less qualified white applicants were promoted. The complaint identifies specific, allegedly less qualified officers who MSP promoted instead of Vandercook. … “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.

People of Michigan v. Alana Georgienne Gonzalez

Michigan Court of Appeals · Jan 18, 2024

Defendant also asserts that the witnesses’ testimonies were clearly false because these testimonies contradicted her testimony. … Whether Parker was qualified to testify did not depend on defendant’s recollection of him. See MRE 601.

in Re Emery Minors

Michigan Court of Appeals · May 7, 2019

Respondent entered a no-contest plea to allegations establishing both the trial court’s jurisdiction over the children and the existence of statutory grounds for termination. … The trial court did not clearly err by finding that termination of respondent’s parental rights was in the children’s best interests. Affirmed.

Kim Fowler v. Berrien County Public Defender's Office

Michigan Court of Appeals · Nov 21, 2023

A plaintiff’s work record may constitute circumstantial evidence of a wrongful discharge, but “[t]he fact that a plaintiff engages in a ‘protected activity’ under the Whistleblowers’ Protection Act does not immunize him from … The termination of his employment was clearly predicated on his lack of candor to his superiors.

16 Holdings LLC v. Kisa Enterprises Mi Inc

Michigan Court of Appeals · Oct 24, 2025

Silver testified that, in order to qualify for a local permit, a business must have a lease or own a building locally. To further the negotiations with MariMed and other companies, Dr. … “Michigan law clearly requires that damages for future losses be reduced to present value.”

Bomarko, Inc. v. Rapistan Corp.

207 Mich. App. 649 · Michigan Court of Appeals · Dec 5, 1994

The word "due" is not equated with the word "payable," but is clearly distinguished from it. … The priority of the federal tax claim was established among all claims, except liens on that day.

Riadh Fezzani v. Antonio Villagomez

Michigan Court of Appeals · Oct 10, 2017

There are additional provisions regarding coverage and who qualifies as an insured. … Accordingly, Grange and plaintiff have failed to establish any error in the trial court’s determination that plaintiff was an independent contractor.