Plaintiff appeals by leave granted the May 19, 2006, trial court order granting defendant's motion for a finding that the court lacked exclusive, continuing jurisdiction under the relevant provision of the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA), MCL 722.1202(1)(a). We reverse and remand for proceedings consistent with this opinion... I... The parties were married in Ontario, Canada in September 1993, and their son, Callum White, was born in Ontario in July 1997. In May...  

In this interlocutory appeal, defendant challenges the trial court's orders that partially denied defendant's motion in limine and that denied its motion to amend its affirmative defenses. We reverse in part and affirm in part and remand for further proceedings... I. Facts and Proceedings... Plaintiff was employed in defendant's human resources department. She befriended Geraldine Sobek, a manager in the department. In February 2000, defendant terminated Sobek's employment along with the...  

Defendants, Timothy Broe, Eleanor Broe, and Broe Rehabilitation Services, Inc.,1 appeal as of right from a judgment, in accordance with a jury's verdict, awarding plaintiff, Allstate Insurance Company, $3,000,000 on its claims of payment by mistake of fact, insurance fraud, breach of contract, and unjust enrichment. The trial court also awarded Allstate costs in the amount of $12,129.29, and judgment interest in the amount of $245,057.39. The judgment also reflected the jury's findings of no...  

Defendant appeals as of right his jury trial convictions for armed robbery, MCL 750.529, and conspiracy to commit armed robbery, MCL 750.529 and MCL 750.157a. Defendant was sentenced as a second habitual offender, MCL 769.10, to concurrent terms of 12 to 20 years' imprisonment. We affirm... Defendant's convictions arise from a conspiracy to rob Tyson Janisch, a representative of Atlas Oil Company, on Monday, March 21, 2005, outside of a Fast Track Gas Station owned by defendant's family....  

Defendants appeal by right a judgment entered after a jury trial awarding plaintiffs $86,813 in damages and costs. Plaintiffs' claim that defendants failed to disclose a termite infestation in the residence plaintiffs purchased from defendants. Before trial, plaintiffs moved for, and the trial court dismissed, all plaintiffs' theories of liability except innocent misrepresentation. This claim was based on defendants "no" answer on their seller's disclosure statement (SDS), MCL 256.957,...  

In this declaratory action, defendant Commissioner of the Office of Financial & Insurance Services (OFIS), appeals as of right from the circuit court's opinion and order granting a permanent injunction to plaintiffs and intervernors. The circuit court declared certain administrative rules (Rules) promulgated by defendant Commissioner illegal, invalid and unenforceable, and permanently enjoined defendant from enforcing the Rules against any plaintiff or intervenor in the action. The members of...  

This matter returns to this Court on remand from our Supreme Court for consideration as on leave granted. Defendant employer and its insurer appeal a decision of the Worker's Compensation Appellate Commission (WCAC), which affirmed with modifications1 an order of the magistrate. The magistrate ordered (1) reimbursement for all reasonable expenses incurred by plaintiff's care providers from September through November 2003; (2) reimbursement for their mileage and attendant care; (3) reimbursement...  

In this medical malpractice action, plaintiff appeals by right from the trial court's February 5, 2007, order granting summary disposition in favor of four individual defendants, Drs. Bradford, Ekbom, Freer, and DeFlorio. Plaintiff also challenges the trial court's earlier June 5, 2006, order dismissing her claims against the other five individual defendants, Drs. Sundgren, D'Amico, Kronick, Shenk, and Krafcik, and denying her motion to amend the complaint to allege fraudulent concealment. We...  

Defendant appeals as of right the final judgment in this first-party, no-fault action. Defendant challenges the trial court's award of attorney fees. In light of Smith v Khouri, 481 Mich 519; 751 NW2d 472 (2008), we vacate the award and remand for further proceedings... Plaintiff was seriously injured in an auto accident and sought first-party, no-fault benefits from her insurer, defendant, to pay for the permanent attendant care that she now requires. Defendant paid the benefits for two years...  

In this labor-law dispute involving a terminated employee, defendant appeals as of right from the order granting summary disposition under MCR 2.116(C)(10) to plaintiffs and permanently enjoining defendant from pursuing a grievance arbitration. We affirm. This case is being decided without oral argument under MCR 7.214(E)... Plaintiffs and defendant were parties to a collective bargaining agreement (CBA), effective from January 1, 2002, through December 31, 2004. Before the CBA expired and...  

Defendant Carlos Collins appeals as of right his jury trial convictions for first-degree felony murder,1 second-degree murder,2 armed robbery,3 felon in possession of a firearm,4 and possession of a firearm during the commission of a felony (felony-firearm).5 The trial court sentenced Collins, as a fourth habitual offender,6 to mandatory life imprisonment for the first-degree felony murder conviction, which merged with Collins's second-degree murder conviction, 30 to 50 years' imprisonment for...  

Defendant was charged with possession with intent to deliver a narcotic or cocaine under MCL 333.7401(2)(a)(iii); possession with intent to deliver marijuana, MCL 333.7401(2)(d)(iii); possession with intent to deliver methamphetamine, MCL 333.7401(2)(b)(i); possession of a firearm by a felon, MCL 750.224f; and possession of a firearm during the commission of a felony, MCL 750.227b. The circuit court issued an order suppressing the evidence obtained from the search of defendant's residence and...  

Defendant Doyle Rowland pleaded guilty to second-degree criminal sexual conduct (CSC).1 The trial court sentenced him to 5 to 15 years' imprisonment. He appeals by delayed leave granted. We affirm... I. Basic Facts And Procedural History... Initially, the prosecution charged Rowland with one count of third-degree CSC.2 Rowland, at all relevant times represented by counsel, entered into a plea agreement in April 2006. Pursuant to the plea agreement, the prosecution agreed to dismiss at...  

MEMORANDUM... Plaintiff appeals as of right an order granting defendants summary disposition and denying his request for injunctive relief. We dismiss plaintiff's appeal as moot... Plaintiff sought injunctive relief to prevent the Dearborn City Council from appointing someone to fill a position on the Dearborn Charter Commission from which plaintiff was removed for cause. On November 6, 2007, the citizens of Dearborn approved a new City Charter, which eliminated the Charter Commission. The...  

Plaintiff appeals as of right from a jury verdict of no cause of action and the trial court's denial of his motion for a new trial and/or judgment notwithstanding the verdict. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E)... Plaintiff fell on the steps of a rental house owned by defendant and, as a result, suffered a broken hip. Plaintiff alleged that a defect in the threshold at the top of the stairs caused him to fall. The jury returned a verdict of no...  

Following a jury trial, defendant was convicted of two counts of receiving and concealing a stolen motor vehicle, MCL750.535(7). He was sentenced to concurrent prison terms of two years and six months to five years for each offense to run consecutively to a parole violation sentence. Defendant appeals as of right. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E)... Defendant argues that there was insufficient evidence adduced below to prove beyond a...  

In Docket No. 277388, plaintiffs Roy and Julie Johnson appeal as of right, challenging the trial court's order dismissing their negligence claim against defendant Ryan Cornell pursuant to MCR 2.116(C)(10) in LC No. 2004-059949-NO. In Docket No. 277389, the same plaintiffs appeal as of right from an order dismissing their claims against defendants Romp Entertainment, Inc., d/b/a Tonic Night Club ("Tonic"), and Vladimir Mirkovich pursuant to MCR 2.116(C)(7) and (8) in LC No....  

Defendant appeals as of right his conviction by a jury of first-degree murder, MCL 750.316, and possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b. The trial court sentenced defendant to life in prison, for the first-degree murder conviction, and two years in prison, for the felony-firearm conviction. We affirm... This prosecution arises from a shooting that killed Wieslaw Bielski on Freer Street in the city of Detroit. Defendant and an unarmed man...  

In this zoning case, the defendant, Charter Township of Fenton (the Township), appeals as of right from the trial court's order granting plaintiffs', JGA Development, L.L.C. (JGA) and Kingsway Builders, Inc. (Kingsway), motion for summary disposition and denying the Township's cross-motion for summary disposition. We reverse and remand for entry of summary disposition in favor of the Township... I. Basic Facts And Procedural History... In January 2000, Kingsway purchased a 60-acre parcel of...  

Appellants appeal as of right from the trial court's order terminating a receivership. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E)... This action arises out of a complaint filed in 2004 by plaintiff against defendant, one of plaintiff's shareholders. The complaint alleged, among other things, that defendant illegally converted corporate assets. On October 14, 2004, a receiver was appointed to oversee the distribution of plaintiff's assets. Defendant,...