PER CURIAM. In this conversion and breach-of-contract case, plaintiff Aroma Wines and Equipment, Inc., appeals as of right the trial court's order granting a directed verdict in favor of defendant Columbian Distribution Services, Inc., regarding plaintiff's statutory conversion claim. Plaintiff also appeals the trial court's order denying its motion for attorney fees and costs. Because we conclude that a directed verdict was not warranted in this case, and that the trial court properly denied...
MARKEY, J. Respondent, Frederick A. Herbert, appeals by right the trial court's order naming petitioner, Barbara Ann Williams, the successor beneficiary to William James Herbert's interest in the Theodora Nickels Herbert Trust. We affirm. Theodora Nickels Herbert created the trust for the benefit of herself and her three children. Upon her death, the trust became irrevocable and the trust estate was divided into equal shares for the benefit of her children — William James Herbert (William),...
RONAYNE KRAUSE, J. A jury convicted defendant of assault with intent to do great bodily harm less than murder, MCL 750.84, resisting and obstructing a police officer, MCL 750.81d, and falsely reporting a felony, MCL 750.411a(1)(b). He was sentenced as a third-offense habitual offender, MCL 769.11, to serve concurrent terms of imprisonment of 114 months to 20 years for the assault conviction, 32 months to 4 years for the resisting-or-obstructing conviction, and 36 months to 8 years for the...
RIORDAN, J. Respondent, Bruce Devere Serven, D.C., appeals as of right the final order of the Disciplinary Subcommittee of the Department of the Michigan Board of Chiropractic, in this action that petitioner, the Bureau of Health Professions, initiated. On the basis of the subcommittee's finding of negligence, MCL 333.16221(a), and a lack of good moral character, MCL 333.16221(b)( vi ), respondent was placed on probation for one year. We reverse and remand. I. FACTUAL BACKGROUND State Farm...
KIRSTEN FRANK KELLY, P.J. Pursuant to MCR 7.215(J), this Court convened a special panel to resolve the conflict between the prior opinion in this case, Auto-Owners Ins. Co. v. All Star Lawn Specialists Plus, Inc., 301 Mich.App. 515 , 838 N.W.2d 166 (2013), vacated in part by Auto-Owners Ins. Co. v. All Star Lawn Specialists Plus, Inc., 301 Mich.App. 801 (2013), and Amerisure Ins. Cos. v. Time Auto Transp., Inc., 196 Mich.App. 569 , 493 N.W.2d 482 (1992). 1 The issue that we must...
RIORDAN, J. Defendant appeals as of right his conviction following a jury trial of larceny of property with a value of $1,000 or more but less than $20,000, MCL 750.356(3)(a). Defendant was sentenced to two years' probation and ordered to pay $4,580 in restitution. We affirm. I. FACTUAL BACKGROUND The victim owned a gas-oil separator (the separator) as part of his oil well business. The separator was located near a road on property to which the victim owned the mineral rights and where he...
M.J. KELLY, P.J. In this suit to recover damages beyond those permitted under the Worker's Disability Compensation Act, see MCL 418.101 et seq., plaintiffs, Naum Thomai and his wife, Zhulieta Thomai, 1 appeal as of right the trial court's opinion and order granting summary disposition in favor of defendant MIBA Hydramechanica Corporation (MIBA). 2 On appeal, Thomai argues that the trial court abused its discretion when it imposed strict limits on his ability to conduct discovery, which...
WILDER, J. This matter involves two consolidated appeals from two cases that were also consolidated in the lower court. 1 Plaintiffs appeal as of right the circuit court's opinion and order denying their motion for reconsideration of the court's denial of their requests under the Freedom of Information Act (FOIA), MCL 15.231 et seq., and dismissing their claims. We affirm in both cases. These cases arise out of FOIA requests submitted in 2010 to defendant, the Oakland County Prosecutor,...
JANSEN, J. Petitioner appeals by leave granted 1 the final decision and order of the State Tenure Commission (Commission) discharging him from employment. For the reasons set forth in this opinion, we affirm. I. BASIC FACTS AND PROCEDURAL HISTORY Petitioner began working for respondent during the 1997-1998 school year, and obtained tenure during the 2001-2002 school year. Petitioner taught social studies at Avondale High School at the time of the events underlying this case. The tenure...
PER CURIAM. Defendant appeals as of right his conviction of delivery of marijuana following a bench trial. See MCL 333.7401(2)(d)( iii ). We affirm. Defendant's conviction arises from his sale of 3.8 grams of marijuana to undercover Narcotic Enforcement Team (NET) officers in the parking lot of a marijuana dispensary. The evidence showed that the undercover officers and defendant initially met inside the dispensary, which was under investigation, where they discussed the sale of defendant's "...
BOONSTRA, J. Following a bench trial, the trial court entered an order requiring defendant, Ottawa County Road Commission ("defendant" or "OCRC"), to allow plaintiffs, Lee Scholma, as trustee of the Sena Scholma Trust (the Trust), and David Morren (Morren), reasonable access to a 30-acre parcel of undeveloped land (the property) from Horizon Lane for farm operations. The OCRC appeals as of right. We reverse and remand for entry of judgment in favor of defendant. I. BASIC FACTS AND PROCEDURAL...
HOEKSTRA, P.J. In these cases involving the interpretation of a contract Livingston County and the Livingston County Board of Public Works (collectively "the County") appeal by leave granted the trial court's orders limiting Hanover Insurance Company's (Hanover) actual and liquidated damages. Because we conclude that the plain language of the suretyship contract limited the liability of Hanover to the amount of the performance bond, we affirm. These consolidated appeals arise from the failure...
PER CURIAM. This matter involves a consolidated appeal from the Michigan Employment Relations Commission (MERC). In Docket No. 304326, the charging party, Michigan AFSCME Council 25, AFL-CIO, and its affiliated Local 2310 (AFSCME), appeals as of right the MERC's order dismissing its unfair labor practice charge against Mount Pleasant Public Schools (Mt. Pleasant). In Docket No. 304342, the charging party, Lakeview Educational Support Personnel Association/MEA/NEA (LESPA), appeals as of right...
ON RECONSIDERATION PER CURIAM. Plaintiff Oshtemo Charter Township (Oshtemo Township) appeals as of right the circuit court's order granting summary disposition under MCR 2.116(C)(10) in favor of defendants Kalamazoo County Road Commission (the Road Commission), Alamo Township (Alamo Township), and Kalamazoo Charter Township (Kalamazoo Township) on Oshtemo Township's claim that the Road Commission's decision to void an Oshtemo Township truck route ordinance under the authority of MCL 257.726(3)...
BOONSTRA, J. Plaintiff, Phillip M. Clohset, appeals as of right the November 30, 2010, circuit court order denying his motion for summary disposition and granting summary disposition in favor of defendants, No Name Corporation (No Name), Geraldine K. Goodman, and the estate of Walter A. Goodman (Walter), deceased. By opinion issued on May 15, 2012, we vacated the judgment of the Oakland Circuit Court and remanded to the 48th District Court for reinstatement and enforcement of the stipulated...
JANSEN, P.J. In this paternity action, plaintiff appeals by right the circuit court's order granting summary disposition in favor of defendant and dismissing plaintiff's claims. For the reasons set forth in this opinion, we affirm. I At issue in this case is the paternity of defendant's minor child (the child), born November 4, 2011. On September 12, 2012, plaintiff filed a complaint and motion for DNA testing in the circuit court, alleging that he was the biological father of the child....
RONAYNE KRAUSE, J. In this prosecution for reckless driving causing death, MCL 257.626(4), the prosecution appeals by leave granted the trial court's order granting defendant's motion to instruct the jury on the lesser included offense of moving violation causing death, MCL 257.601d, contrary to the prohibition against doing so under MCL 257.626(5). The case arises from a three-vehicle collision in which defendant struck another vehicle, causing the second vehicle to strike a third, killing...
PER CURIAM. These consolidated cases arose from the operation of a marijuana dispensary. Defendants Barbara Johnson and Ryan Fleissner were charged with conspiracy to possess marijuana with intent to deliver or conspiracy to deliver marijuana, MCL 333.7401(2)(d)(iii) and MCL 750.157a, conspiracy to possess the controlled substance delta-9-tetrahydrocannabinol (THC) with intent to deliver or conspiracy to deliver THC, MCL 333.7401(2)(b)(ii) and MCL 750.157a, two counts of delivery of marijuana,...
PER CURIAM. Plaintiffs, Walter and Lindsay Radu, appeal as of right an order granting two motions for summary disposition in favor of defendants Herndon & Herndon Investigations, Inc (Herndon Investigations), and Timothy Herndon (Herndon), pursuant to MCR 2.116(C)(7), on the basis of release and statutory immunity. We affirm. Plaintiffs also appeal as of right an order granting a motion for summary disposition in favor of defendant Charles Farley (Farley) pursuant to MCR 2.116(C)(7) (...
SAAD, P.J. I. INTRODUCTION As an intermediate appellate court, we typically decide appeals of orders issued by lower courts. But here, the Legislature placed in this Court exclusive original jurisdiction over challenges to 2012 PA 349 (PA 349), colloquially called a "right to work" law. MCL 423.210(6). PA 349 amends the public employment relations act (PERA), MCL 423.201 et seq., 1 and states that public employers—that is, the government—cannot require governmental employees to join a...
