Case law

Deerhurst Condominium Owners Association Inc v. City of Westland

Michigan Court of Appeals · Jan 29, 2019

Even if the trial court properly considered those affidavits, the evidence must be viewed in a light most favorable to plaintiff, and there is clearly a question of fact regarding certain aspects of the City’s administrative … or charter when this section is ratified or from increasing the rate of an existing tax above that rate authorized by law or charter when this section is ratified, without the approval of a majority of the qualified

People of Michigan v. David Richard Command

Michigan Court of Appeals · Nov 17, 2025

Because the trial court did not clearly err by finding MM unavailable under MRE 804(a)(4), Command’s argument is unavailing. … The trial court qualified her as an expert in forensic examinations.

Kaitlin Hahn v. Geico Indemnity Company

Michigan Court of Appeals · Jun 12, 2018

Where the proffered evidence fails to establish a genuine issue regarding any material fact, the moving party is entitled to judgment as a matter of law. [Id. at 120.] … The discussion of MCL 500.3012 in Farm Bureau Ins Co was clearly essential to a proper determination of the case.

People of Michigan v. Richard Allen Smith

Michigan Court of Appeals · Jul 26, 2016

With respect to defendant’s traditional evidentiary challenge of the OVs, “if the trial court clearly erred in finding that a preponderance of the evidence supported one or more of the OVs or otherwise erred in applying the … Furthermore, defendant’s reliance on his substance abuse history, which is discussed in the PSIR, is misplaced, as it hardly qualifies as a mitigating factor.

People of Michigan v. Ernest Demott McIntosh

Michigan Court of Appeals · Sep 5, 2024

The court also qualified Solis as an expert in sexual assault nurse examinations. Before and during trial, the attorneys and the trial court fully addressed the issue of the admissibility of the SANE report. … The victim testified clearly about McIntosh’s penetrative sex acts.

Zenmuse LLC v. Jamal John Hamood

Michigan Court of Appeals · Sep 24, 2020

This Court analyzed that issue as follows: The circumstances of this case, as the trial court correctly found, clearly do not. … In fact, “[M]UFTA appears to presume that liability has already been established.” Mathers, 271 Mich App at 259.

People of Michigan v. Richard Donald Marcotte III

Michigan Court of Appeals · Aug 29, 2017

There is nothing in the record to undermine the well-established legal maxim that “jurors are presumed to follow their instructions.” Unger, 278 Mich App at 235. … [a] white female then proceed[ed] to pick up an object from the grassy greenish landscaped area . . . ” and how the object she picked up was clearly “shiny” when she turned.

Pennie Marie Davis v. Jackson Public Schools

Michigan Court of Appeals · Jul 2, 2020

Furthermore, even if the police report did not qualify as hearsay, any error in excluding the evidence was harmless. … The other teacher’s account of the student’s description of the incident giving rise to the complaint qualifies as hearsay because it was introduced for the purpose of establishing the truth of the other teacher’s statement

People of Michigan v. Lynn Demetrius Cameron

Michigan Court of Appeals · Apr 9, 2020

“A finding is clearly erroneous if it leaves this Court with a definite and firm conviction that the trial court made a mistake.” People v Dillon, 296 Mich App 506, 508; 822 NW2d 611 (2012). … impeach a defendant’s blanket denial on direct examination of ever engaging in conduct similar to the charged conduct.”); People v Taylor, 422 Mich 407, 414; 373 NW2d 579 (1985) (“[E]vidence of prior criminal offenses which qualify

People of Michigan v. Shukur Terome Brown

Michigan Court of Appeals · Aug 13, 2019

Accordingly, the trial court did not clearly err in 2 Five points are assessed under OV 2 if “[t]he offender possessed or used a pistol, rifle, shotgun, or knife or other cutting or stabling weapon[.]” … It must be a separate act from the behavior that established the sentencing offense. People v Light, 290 Mich App 717, 723; 803 NW2d 720 (2010).

Charles Dale Perry Jr v. State of Michigan

Michigan Court of Appeals · Jun 3, 2021

In this case, defendant sought summary disposition under MCR 2.116(C)(7), which is appropriate when an action is barred “because of release, payment, prior judgment, immunity granted by law, statute of limitations, statute … This Court’s reversal of plaintiff’s criminal convictions was on the basis of prosecutorial misconduct and defense counsel’s failure to object to such misconduct at trial—two assertions that were clearly expressed in our

Peter Karmanos Jr v. Gurminder S Bedi

Michigan Court of Appeals · Nov 29, 2018

If the language is unambiguous, we conclude that the Legislature intended the meaning clearly expressed and we enforce the statute as written. … Here, the Legislature made demand upon the corporation, and either the expiration of 90 days or the earlier rejection of the demand, prerequisites for a shareholder to qualify to bring a derivative suit in Michigan.

in Re Rc Minor

Michigan Court of Appeals · Jan 3, 2019

Carrier and her actions which were used to establish her as a careless and irresponsible caregiver who could not be trusted to keep [RC] safe were flat out wrong. … MCL 710.45(2) does not immunize an arbitrary and capricious decision simply because it was not communicated to the individual seeking to adopt or because that individual was invited to submit information after the decision

Melissa Gayle Schoenheide v. Lee Shaw

Michigan Court of Appeals · Oct 20, 2022

There are, of course, many cases in which the inability to call witnesses or otherwise present favorable evidence will qualify as an effective dismissal. See, e.g. … She suggests that the trial court ignored this fact, which clearly supported the allegations of abuse.

In Re Car

Michigan Court of Appeals · Aug 10, 2023

A respondent need only qualify as a “person requiring treatment” under one subsection of MCL 330.1401(1) to support a court order for mental-health treatment. … MCL 330.1401(1) (stating that a “person requiring treatment” may qualify under either subdivision “(a), (b), or (c)”).

Andrea Ells v. Estate of Donald J Ells

Michigan Court of Appeals · Sep 26, 2025

Andrea Ells deserted the decedent spouse and purchased a home in Flint, Michigan in 2021, establishing her own separate residence in Genesee County, Michigan. . . . ¶ 13. … This Court reversed, holding that “as a matter of law, any period of time consumed by a divorce proceeding did not constitute ‘willful absence’ that would disinherit an otherwise qualified surviving spouse.”

Matthew Maasdam v. Peri Weingrad

Michigan Court of Appeals · Jul 14, 2022

They submitted affidavits establishing that defendant’s only known address was neither her home nor her business. … Beulah Hoagland Appleton Qualified Personal Residence Trust v Emmet Co Rd Comm, 236 Mich App 546, 550; 600 NW2d 698 (1999).

Kaitlin Hahn v. Geico Indemnity Company

Michigan Court of Appeals · Jun 12, 2018

Where the proffered evidence fails to establish a genuine issue regarding any material fact, the moving party is entitled to judgment as a matter of law. [Id. at 120.] … The discussion of MCL 500.3012 in Farm Bureau Ins Co was clearly essential to a proper determination of the case.

Desiree Durga v. Memberselect Insurance Company

Michigan Court of Appeals · Aug 13, 2025

Fraud “is not to be lightly presumed, but must be clearly proved . . . by clear, satisfactory and convincing evidence.” … However, defendant cannot establish any of those elements in this case.

Jamila Youmans v. Charter Township of Bloomfield

Michigan Court of Appeals · Jan 7, 2021

Trice testified that he was the individual who established the amount of the disputed $350,000 rent charge. … Theis opined that this represented clearly proportionate cash outflows of 96% of the cash inflows.