Case law

Aletha Maticka Trust v. Martin J Wissmueller

Michigan Court of Appeals · Jan 24, 2017

“A finding is clearly erroneous if the appellate court is left with a definite and firm conviction that a mistake has been made.” … The plaintiffs’ continued use was clearly open and notorious. 3.

People of Michigan v. Desirae McKie Glatfelter

Michigan Court of Appeals · Aug 27, 2019

“A finding is clearly erroneous when, although there is evidence to support it, the reviewing court, on the whole record, is left with the definite and firm conviction that a mistake has been made.” Id. … The trial court concluded that defendant failed to establish that the lack of expert testimony had an outcome-determinative effect.

in Re Conservatorship of Mary Louise Montgomery

Michigan Court of Appeals · Aug 22, 2017

“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.” … Importantly, we are confident that the inability to act in her mother’s best interests easily qualifies as good cause for her removal as conservator. Consequently, the probate court did not abuse its discretion.

Lenawee County v. Wagley

301 Mich. App. 134 · Michigan Court of Appeals · May 21, 2013

Through their questioning, the Wa-gleys established the basis for McVeigh’s proffered testimony and expertise and its direct relationship to the facts of the case. … Moreover, “statutes are presumed to operate prospectively unless the contrary intent is clearly manifested.”

Wassan Jawad Kadhim v. Adam Al Emara

Michigan Court of Appeals · Aug 4, 2022

clearly preponderates in the opposite direction.” … Findings such as the trial court’s valuations of marital assets “will not be reversed unless clearly erroneous.” Id. at 207-208.

People of Michigan v. Reginald Vaughn Brown

Michigan Court of Appeals · Jan 12, 2016

Instead, the record demonstrates that although counsel did not call an expert to testify, he cross-examined Jaehnig about the fact that he was not qualified as an expert and attempted to impeach the cell phone records by … The trial court’s questioning of Chapman elicited testimony, which he had previously struggled to explain clearly.

Wassan Jawad Kadhim v. Adam Al Emara

Michigan Court of Appeals · Aug 4, 2022

clearly preponderates in the opposite direction.” … Findings such as the trial court’s valuations of marital assets “will not be reversed unless clearly erroneous.” Id. at 207-208.

People of Michigan v. David Nelson Richter

Michigan Court of Appeals · Sep 22, 2022

She testified on direct examination that she could not remember the night in question clearly. … Indeed, “to qualify as felony murder, the homicide must be incident to the felony and associated with it as one of its hazards.” Id. at 127.

Estate of Deborah Klapp v. Mark Alan Bono

Michigan Court of Appeals · Nov 19, 2020

“A finding is clearly erroneous if, although there is evidence to support it, the reviewing court is left with a definite and firm conviction that a mistake was made.” … To qualify as a “sudden emergency,” “the circumstances attending the accident must present a situation that is ‘unusual or unsuspected.’ ” Vander Laan v Miedema, 385 Mich 226, 231-232; 188 NW2d 564 (1971).

Linda S Manley v. Sue Pikulski

Michigan Court of Appeals · Dec 6, 2016

Photographs and witness testimony indicated that the garden fence was flimsy and easily moved or damaged, confirming the trial court’s conclusion that it did not clearly demarcate the pathway established by defendants. … CONCLUSION Defendants have failed to establish that any of their claims warrant relief, except to the extent that they have demonstrated that remand is necessary for the trial court to establish a maximum width for

Mary Helen Labrie v. Thomas William Labrie

Michigan Court of Appeals · Jun 25, 2019

The trial court established that defendant’s monthly income was approximately $3,200, or $38,000 per year. … It is unclear whether the training that plaintiff received in order to become a nurse more than 30 years ago would qualify her to renew her nursing license without further training or education in 2019.

People of Michigan v. David Lee Farris

Michigan Court of Appeals · Mar 22, 2016

The trial court also denied -4- defense counsel’s request for an adjournment to find someone qualified to testify as a medical expert regarding STDs, and his request for … Contrary to the trial court’s finding, the victim’s testimony was clearly “other acts” evidence under MRE 404(b).

People of Michigan v. Paul Dwayne Scott

Michigan Court of Appeals · Nov 15, 2018

This Court previously noted that the grounds listed in MCR 2.511(D) can be grouped into two categories: (1) “ ‘the person is not statutorily qualified to act as a juror,’ ” and (2) ‘ “the juror is biased, i.e., [] the juror … Thus, the trial court did not clearly err. Id. IV.

Sunnyside Resort Condominium Assn Inc v. Neil J Beckman

Michigan Court of Appeals · Apr 23, 2019

Article V, § 4 provides greater detail regarding the board’s power to levy assessments, establishing that the board “shall establish an annual budget in advance for each fiscal year for the Condominium, and the budget shall … Thus, even if a meeting only had the bare minimum number of directors present to form a quorum (three members), two votes in favor of the budget would have been enough to qualify as an action of the board.

People of Michigan v. Brandon James Harbison

Michigan Court of Appeals · Jan 26, 2017

The trial court’s finding was not clearly erroneous. Armstrong, 490 Mich at 289. … A physician who examines a sexual abuse victim may be a proper witness, but if the physician’s opinion that sexual abuse occurred is based solely on what the victim told the physician, absent the physician being qualified

People of Michigan v. Keith Devon Turner

Michigan Court of Appeals · Jul 18, 2024

On the contrary, defendant’s attorney was clearly aware of the prior conflict because he raised the issue in a pretrial motion. … But he clearly told you the guy that he got into a fight with is the one who shot into the car? A. Yes, sir.

People of Michigan v. Stacy Wayne Rose Jr

Michigan Court of Appeals · Nov 19, 2019

Because no errors have been established, however, reversal is not warranted on the basis of cumulative error. … Here, although the trial court did not clearly err by scoring OVs 9, 14, and 19, the court did not properly score PRV5.

in Re Application of Upper Peninsula Power Co to Increase Rates

Michigan Court of Appeals · May 31, 2018

It is for the PSC to weigh conflicting opinion testimony of the qualified (competent) experts to determine how the evidence preponderated. … Expert opinion testimony is substantial if offered by a qualified expert who has a rational basis for his views, whether or not other experts disagree.

in Re Application of Upper Peninsula Power Co to Increase Rates

Michigan Court of Appeals · May 31, 2018

It is for the PSC to weigh conflicting opinion testimony of the qualified (competent) experts to determine how the evidence preponderated. … Expert opinion testimony is substantial if offered by a qualified expert who has a rational basis for his views, whether or not other experts disagree.

Tina Shephard v. Benevis LLC

Michigan Court of Appeals · Jan 7, 2021

To establish a cause of action for medical malpractice “a plaintiff must establish four elements: (1) the appropriate standard of care governing the defendant’s conduct at the time of the purported negligence … Under the Supreme Court’s holding in Mudge, Welch’s quietly agreeing with Shephard was not enough to qualify as protected activity under the WPA.2 Consequently, the trial court properly granted summary disposition as to Welch