Case law

In Re Hogan Minors

Michigan Court of Appeals · Dec 21, 2023

Glover explained that mother did not qualify for anything more than a one-bedroom apartment because she did not have her children with her. Mother also testified on her own behalf. … Therefore, we conclude the trial court’s finding that mother failed to rectify the conditions that led to adjudication, MCL 712A.19b(3)(c)(i), was not clearly erroneous.

Harold Hogan v. State Farm Mutual Automobile Insurance Company

Michigan Court of Appeals · Jun 25, 2019

Under generally applicable principles of contract law, rights can be assigned unless the assignment is clearly restricted. Burkhardt v Bailey, 260 Mich App 636, 653; 680 NW2d 453 (2004). … The Schmalfeldt Court explained: A person is a third-party beneficiary of a contract only when that contract establishes that a promisor has undertaken a promise directly to or for that person.

Matthew J Abraham v. Incorp Services Inc

Michigan Court of Appeals · Mar 28, 2019

A motion for summary disposition under MCR 2.116(C)(7) asserts that the claim is barred by “release, payment, prior judgment, immunity granted by law, statute of limitations, statute of frauds, an agreement to arbitrate or … A finding is clearly erroneous when, although there is evidence to support it, we are left with a definite and firm conviction that the trial court has made a mistake.

Gen-Wealth Inc v. Brian a Freckman

Michigan Court of Appeals · May 13, 2021

But, considering the totality of the evidence, the trial court’s finding was not clearly erroneous. … Under the plain language of this definition, information that does not derive value from being secret does not qualify as a trade secret.

People of Michigan v. Dennis Dale Parrish

Michigan Court of Appeals · Feb 17, 2022

defendant’s original appeal, he sought resentencing on the grounds that he had not received adequate notice of the prosecution’s intent to seek a fourth-offense habitual offender enhancement, and because two of the three qualifying … In this case, defendant has not shown the trial court’s findings regarding Pope-Starnes’s credibility and accuracy in her testimony were clearly erroneous. Bylsma, 493 Mich at 26.

David Sutton Jr v. Beztak Company

Michigan Court of Appeals · Jan 12, 2023

First, defendants argued, plaintiff’s claims for negligent and intentional infliction of emotional distress are clearly unenforceable as a matter of law. … Under the circumstances of this case, we agree with the trial court that defendants’ conduct does not qualify as so extreme and outrageous—surpassing all bounds of decency in a civilized society—as to allow recovery for intentional

People of Michigan v. Larry E Lyons

Michigan Court of Appeals · Mar 24, 2022

Virani clearly indicated that the evidence was not determinative regarding the sequence of events that precipitated and resulted in Dickson’s death. … testimony of Hall, and the description of the crime scene, all clearly showed that defendant intended to kill Dickson, that the killing was premeditated and deliberate, and that defendant was the aggressor and did not act

Anthony Roberts v. Hbpo North America Inc

Michigan Court of Appeals · Nov 8, 2016

Under the bonus policy, plaintiff was required to meet or exceed certain metrics and personal and organizational targets established by defendant in order to qualify for a bonus. … Both sentences at issue are plain and unambiguous and clearly do not “irreconcilably conflict.” Klapp, 468 Mich at 467.

O Amy Hjerstedt v. City of Sault Ste Marie

Michigan Court of Appeals · Aug 22, 2024

As the party asserting the exemption, the city has the burden of establishing its applicability. Detroit Free Press, Inc, 269 Mich App at 281. … CONCLUSION The trial court clearly erred by finding that the unredacted policy was exempt from disclosure under MCL 15.243(1)(s)(vi).

Eugene D'Andrea v. At&t

Michigan Court of Appeals · Jun 14, 2018

On remand, after an unexplained delay of more than two years, the trial court issued an opinion and order holding that plaintiffs had not established that AT&T’s placement of its equipment was an unreasonable burden on plaintiffs … Therefore, the trial court clearly erred when it found that the easement measured six feet by six feet.

Mark Gottleber v. County of Saginaw

Michigan Court of Appeals · Aug 1, 2019

In other words, the plaintiff must prove that the government’s actions were a substantial cause of the decline of the value of the plaintiff’s property and must establish that the government abused its … While defendant did not clearly make this point before this Court issued its prior opinion, in defendant’s reconsideration motion, and more clearly, in its application to the Supreme Court, defendant contended that no such

People of Michigan v. Charles Lee Robinson

Michigan Court of Appeals · Jun 14, 2018

Such assaults would qualify as additional crimes against persons. See MCL 777.16d (stating that assault is a crime against a person). … However, because the evidence presented at trial was sufficient to establish by a preponderance of the evidence that defendant committed a third offense, there is no need to establish that the trial court also could have

People of Michigan v. Deandre Taiwan Haywood

Michigan Court of Appeals · Mar 18, 2021

known address,1 notifying him of the appeal, informing him that his retained counsel did not intend to represent him, and instructing him regarding how to obtain appointed counsel to represent him in this appeal, should he qualify … Defendant maintains that the prosecution has failed to establish that the trial court clearly erred in finding that the warrant’s several deficiencies render it invalid.

Terry James Mahrle Trust v. Enbridge Energy Limited Partnership

Michigan Court of Appeals · Jun 15, 2017

This argument is clearly flawed. … Given the passage of time, these photographs carry little weight in establishing the condition of the property when it was returned to plaintiffs in June of 2011.

Terry James Mahrle Trust v. Enbridge Energy Limited Partnership

Michigan Court of Appeals · Jun 15, 2017

This argument is clearly flawed. … Given the passage of time, these photographs carry little weight in establishing the condition of the property when it was returned to plaintiffs in June of 2011.

A in Re Thomas Minors

Michigan Court of Appeals · Jul 11, 2024

“A decision qualifies as clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been made. … Accordingly, we cannot find the trial court clearly erred in this regard.

People of Michigan v. Scott Kenneth Jones

Michigan Court of Appeals · Jan 16, 2026

Defendant has not established that any delays prejudiced his case in this regard. … To establish plain error, “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.”

People of Michigan v. Michael Manuel Jackson-Bolanos

Michigan Court of Appeals · Oct 17, 2025

They do not qualify as an attempt. … -10-  To qualify as an attempt, an act must clearly and directly be related to the crime that the defendant is charged with attempting and not some other objective

David W Underwood v. Walloon Lake Country Club

Michigan Court of Appeals · Oct 9, 2018

The 2014 deed conveying the property to Underwood clearly states that the conveyance is “SUBJECT TO Restrictions and Reservations as disclosed by” the 1940 deed. … Rather, it referred to the terms of that easement, using a reference to the previously-recorded restrictions to define the scope of the restrictions established in the 2014 conveyance.

People of Michigan v. Demaun Rashawn Butler

Michigan Court of Appeals · Dec 10, 2015

Thus, given this conclusion that Samantha qualified as an unavailable witness for purposes of MRE 804(b)(1), the trial court’s decision to admit Samantha’s preliminary examination testimony was not an abuse of discretion … Likewise, the testimony clearly indicated that the complainant was not conscious to grant defendant permission to reenter her home or enter her bedroom.