Case law

Deborah F Silverman v. Geoffrey L Silverman

Michigan Court of Appeals · Aug 9, 2018

It found that plaintiff was qualified to work as a social worker, given her licensing and master’s degree in social work, but the trial court “also [found] it unlikely that [p]laintiff will obtain such a job given her age … “The record here simply does not establish that this case is one of those extreme cases warranting relief.” Id.

in Re Gerald R Mahoney Trust & Nancy W Mahoney Trust

Michigan Court of Appeals · Aug 20, 2015

STANDARD OF REVIEW The standard of review on appeal in cases where a probate court sits without a jury is whether the court’s findings are clearly erroneous. … “A finding is clearly erroneous when a reviewing court is left with a definite and firm convict ion that a mistake has been made, even if there is evidence to support the finding.” Id.

Ruth Basehore v. Estate of Mary Jane Hay

Michigan Court of Appeals · Mar 14, 2024

Clearly, there is substantial overlap between these decisions. Even so, this opinion addresses plaintiff’s challenges to the trial court’s decisions separately. III. … It is difficult to imagine a scenario in the abstract in which a qualified expert’s testimony about the weather leading up to a plaintiff’s slipping on ice outdoors would be irrelevant to whether the defendant had constructive

Harmony Montessori Center v. City of Oak Park

Michigan Court of Appeals · Oct 13, 2016

The relevant question in this appeal is whether Harmony qualifies as an educational institution. … Parents of Harmony’s students clearly have chosen to pay a substantial amount of tuition so that their children may attend Harmony’s unique program rather than attend a public school.

Deidre Harris v. Spot Realty Inc

Michigan Court of Appeals · Sep 29, 2022

“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. … It is well established that courts are specifically precluded from making any findings of fact when deciding a motion for summary disposition.

20231207_C364226_108_364226.Opn.Pdf

Michigan Court of Appeals · Dec 7, 2023

The court determined that an established custodial environment existed with both parties. … Furthermore, Martinez’s attack on Ellison’s husband also qualifies as domestic violence. Ellison, her minor daughter, and RM were present for the attack.

Jason Reineke v. Grand Trunk Western Railroad Company

Michigan Court of Appeals · Jan 25, 2018

The party offering the expert testimony has the burden of satisfying the preconditions established by MRE 702 and MCL 600.2955(1). Gilbert, 470 Mich at 781. … The trial court’s reasoning clearly exhibits its misunderstanding of its expert evidence gatekeeper responsibility under MRE 702, MCL 600.2955, and Daubert.

People of Michigan v. Haywood Alexander-Deshon Jones

Michigan Court of Appeals · Mar 10, 2022

These circumstances are sufficient to qualify as force or coercion because defendant overcame the victim through both surprise and the actual application of physical force. … Defendant’s situation is clearly distinguishable from the cases cited by him where individuals were subjected to life sentences for relatively minor crimes.

Charles W Ferrel v. Israelite House of David

Michigan Court of Appeals · Apr 2, 2020

Estes gave plaintiff the task of re-establishing operations in Australia to further the religious purpose for which the Australian land had been acquired. … See also MCL 600.4501 (“The attorney general shall bring an action for quo warranto when the facts clearly warrant the bringing of that action.

Rcs Recovery Services LLC v. Paul Mitchell

Michigan Court of Appeals · Mar 14, 2019

conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified … A plausible basis for the admission of the mortgage-loan documents exists because the documents are clearly evidence of a regularly conducted business activity.

Patricia Batista v. Office of Retirement Services

Michigan Court of Appeals · Aug 12, 2021

The retirement system is intended to “be a qualified pension plan created in trust under section 401 of the internal revenue code, 26 USC 401[.]” MCL 38.1408(1). … STATUTORY CONSTRUCTION In Slis v Michigan, 332 Mich App 312, 335-336; 956 NW2d 569 (2020), this Court recited the well-established rules of statutory construction:

Bronson Methodist Hospital v. Michigan Assigned Claims Facility

Michigan Court of Appeals · Feb 19, 2015

At the summary disposition hearing, the MACP expounded upon situations it believed should qualify for assignment when applicable insurance could not be identified. … Rather, the hospital was required to establish whether the patient had insurance or not.

People of Michigan v. Sean Anthony Singleton

Michigan Court of Appeals · Jan 26, 2023

“A finding is clearly erroneous if this Court is left with a definite and firm conviction that the trial court made a mistake.” … That a defense strategy ultimately fails does not establish ineffective assistance of counsel.”) (citation omitted).

People of Michigan v. Evan Taylor Armogeda

Michigan Court of Appeals · Oct 4, 2024

argument, this Court noted that an earlier version of that constitutional provision “did restrict the Supreme Court’s authority to appoint visiting judges to the filling of a vacancy until a successor judge was elected and qualified … In this case, the trial court acknowledged two possible corrected guideline ranges but clearly stated that it intended to impose the same minimum sentence regardless so that resentencing was unnecessary.

People of Michigan v. Jeffrey Thomas Mazur

Michigan Court of Appeals · May 5, 2015

The issues regarding whether defendant qualified as a “principal -1- occupant” of the home and, if so, whether he employed the camera pen for a “lewd or lascivious purpose” … Defendant has not even alleged prejudice, let alone established that any misconduct affected the outcome of his trial.

Vassar Real Estate LLC v. Swisher Realty Co

Michigan Court of Appeals · Jul 27, 2023

Vassar had an established relationship with Maas, who had acted as Vassar’s real estate agent in multiple previous real estate purchases and as a lease listing agent for Vassar. … Here, Vassar has clearly pursued a claim for breach of fiduciary duty and has not attempted to frame its theory as a claim for negligence.

People of Michigan v. Jason Anthony Ryan

Michigan Court of Appeals · May 11, 2017

Rather, counsel was unable to call the witness due to her own error, which qualifies as objectively unreasonable. … Defendant has not shown that the trial court clearly erred in finding that corroborating circumstances did not clearly indicate the trustworthiness of Peterson’s statements.

Cmc Telecom Inc v. Neyer Tiseo & Hindo Ltd

Michigan Court of Appeals · Feb 21, 2017

On the contrary, the plain language in question establishes nothing more than a limitation on plaintiff’s liability. … Hence, the question becomes whether the fraudulent calls qualify as services “otherwise used.” It is in this respect that the latent ambiguity arises. The construction offered by plaintiff is facially reasonable.

Linda Dice v. Esther G Bennett Revocable Trust

Michigan Court of Appeals · Jul 30, 2019

On the same day that Esther executed the amendment, she appointed Zimmerman “and/or a qualified person of Yeo & Yeo CPA PC” to serve as her cotrustee. … We would tend to agree that the evidence does not suggest that Yeo & Yeo, PC, is itself qualified to serve in a fiduciary role under the laws of this state.

Cmc Telecom Inc v. Neyer Tiseo & Hindo Ltd

Michigan Court of Appeals · Feb 21, 2017

On the contrary, the plain language in question establishes nothing more than a limitation on plaintiff’s liability. … Hence, the question becomes whether the fraudulent calls qualify as services “otherwise used.” It is in this respect that the latent ambiguity arises. The construction offered by plaintiff is facially reasonable.