Case law

in Re Boyk Estate

Michigan Court of Appeals · Feb 27, 2020

-8-  Finally, appellants argue that the probate court clearly erred by finding that they had failed to present sufficient evidence to establish a presumption of undue … Appellants further assert that the probate court clearly erred by holding that, even if appellants had established a presumption of undue influence, they nevertheless failed to present sufficient evidence of it to invalidate

Stewart Knoepp Md v. Iha Health Services Corporation Inc

Michigan Court of Appeals · Sep 14, 2023

Plaintiff argued that because he had already established a breach, all that was left for him to prove was the quantum of damages. … Even assuming that plaintiff’s conduct did qualify as a for-cause reason for termination under § 9(a)(ii), defendant was not obligated to utilize for-cause termination.

Gerard Trudel v. City of Allen Park

Michigan Court of Appeals · Mar 6, 2018

“Summary disposition under MCR 2.116(C)(9) is proper when the defendant’s pleadings are so clearly untenable that as 2 Plaintiff attempts to avoid this conclusion by focusing on certain language in this Court’s previous … Despite this Court’s clear and unequivocal holding in Trudel I, unpub op at 15-17, that those claims were barred by governmental immunity as a matter of law, plaintiff refused to stipulate to their dismissal.

People of Michigan v. Travis Megual Wilson

Michigan Court of Appeals · Aug 1, 2019

The trial court found beyond a reasonable doubt that the evidence established defendant’s identity as the person who shot Smith, but did not establish that defendant acted with premeditation and deliberation. … First, Salerno’s testimony established that he was qualified to use Jax to detect explosives because both he and Jax had undergone training and had worked on hundreds of cases.

Ak v. Benedict Talan

Michigan Court of Appeals · Sep 14, 2023

“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. … Our Supreme Court disagreed and held that the plaintiff’s decedent did not qualify as a third-party beneficiary of the contract between the defendant city and the Corps of Engineers.

In Re E G Brunson Minor

Michigan Court of Appeals · May 5, 2022

Respondent admitted she had no medical training, but claimed she was qualified to determine whether EGB’s actions were intentional. Respondent denied being told by a medical professional that EGB needed medication. … A preponderance of the evidence established that respondent failed to provide proper care of EGB and support treatment for EGB’s behavioral problems.

J S Evangelista Development LLC v. Apco Inc

Michigan Court of Appeals · Feb 16, 2023

Defendant does not dispute that the order of dismissal qualifies as a final order under MCR 7.202(6)(a)(i). … -8-  More generally, plaintiff has not established the elements of either a statutory or common- law conversion claim.

James T Atchley v. Checker Motors Corporation

Michigan Court of Appeals · Feb 12, 2015

Claimants argue that the phrase “lump sum” establishes a “period designated by the contract.” … established.

in Re Stuart Estate

Michigan Court of Appeals · Jan 20, 2015

A judgment by itself does not establish a lien against property. George v Sandor M Gelman, PC, 201 Mich App 474, 477; 506 NW2d 583 (1993). … “A finding is clearly erroneous when a reviewing court is left with a definite and firm conviction that a mistake has been made, even if there is evidence to support the finding.”

in Re K R Mannor Minor

Michigan Court of Appeals · Sep 12, 2017

The trial court clearly erred in terminating respondents’ parental rights pursuant to MCL 712A.19b(3)(c)(i). … Therefore, respondent-mother has not established that she was prejudiced by her trial counsel’s failure to seek additional accommodations under the ADA.

in Re K R Mannor Minor

Michigan Court of Appeals · Sep 12, 2017

The trial court clearly erred in terminating respondents’ parental rights pursuant to MCL 712A.19b(3)(c)(i). … Therefore, respondent-mother has not established that she was prejudiced by her trial counsel’s failure to seek additional accommodations under the ADA.

People of Michigan v. Andre Darnell Clark

Michigan Court of Appeals · Jul 28, 2015

To establish ineffective assistance of counsel, defendant first must show that counsel’s performance was below an objective standard of reasonableness. … We agree that PRV 5 should have been scored at only five points because defendant had only two qualifying prior misdemeanor convictions or juvenile adjudications.

Alpha Automotive Group LLC v. Cunningham Chrysler of Edinboro Inc

Michigan Court of Appeals · Jul 31, 2018

In reading ¶ 10 of the agreements, it is plain to us that to qualify as a team member of Alpha Group, the individual must have been “specially trained” by Alpha Group. … And the trial court then stated: But it doesn’t matter because the record clearly establishes that Mr. Gulbranson and Mr. Wenslow both fall within the definition of Alpha team members.

People of Michigan v. James Thomas Banks

Michigan Court of Appeals · Dec 16, 2024

A magistrate qualified to issue warrants must be “be neutral and detached,” and “capable of determining whether or not probable cause exists.” People v Lowenstein, 118 Mich App 475, 481; 325 NW2d 462 (1982). … Defendant has not established that his counsel was ineffective. Taylor, 275 Mich App at 186. IV.

People of Michigan v. Douglas Fontane Parker

Michigan Court of Appeals · Mar 23, 2023

However, the cautionary instruction is unnecessary when the witness does not qualify as an accomplice. People v McGhee, 268 Mich App 600, 609; 709 NW2d 595 (2005). … This line of questioning by defense counsel was clearly aimed at showing Oisten had a motive to lie because of her failed relationship with defendant.

in Re a M Brown Minor

Michigan Court of Appeals · Jan 16, 2018

STATUTORY GROUNDS FOR TERMINATION It is not clear whether respondent is also arguing that the trial court clearly erred in determining that the statutory grounds had been established to terminate respondent’s parental … “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.”

Alpha Automotive Group LLC v. Cunningham Chrysler of Edinboro Inc

Michigan Court of Appeals · Jul 31, 2018

In reading ¶ 10 of the agreements, it is plain to us that to qualify as a team member of Alpha Group, the individual must have been “specially trained” by Alpha Group. … And the trial court then stated: But it doesn’t matter because the record clearly establishes that Mr. Gulbranson and Mr. Wenslow both fall within the definition of Alpha team members.

Township of Williamstown v. Sandalwood Ranch LLC

Michigan Court of Appeals · Jun 19, 2018

Such a holding would immunize unlawful activity simply because it occurs in a farm building. … The Kolendas’ testimony establishes that use of the apartment as a second dwelling by a tenant is a matter of convenience.

People of Michigan v. Tywon Deon Hamilton

Michigan Court of Appeals · Aug 7, 2018

Because the record establishes that defense counsel articulated a specific objection on hearsay grounds, the Court of Appeals erred in holding that the issue was unpreserved. … Again, trial counsel was clearly aware of what the prosecution intended to do, and was able to meet the statement at trial.

People of Michigan v. Tywon Deon Hamilton

Michigan Court of Appeals · Aug 7, 2018

Because the record establishes that defense counsel articulated a specific objection on hearsay grounds, the Court of Appeals erred in holding that the issue was unpreserved. … Again, trial counsel was clearly aware of what the prosecution intended to do, and was able to meet the statement at trial.