UNPUBLISHED PER CURIAM . Defendant appeals by right his convictions for felony murder, MCL 750.316(1)(b); armed robbery, MCL 750.529; first-degree home invasion, MCL 750.110a(2); unlawful imprisonment, MCL 750.349b; assault with intent to do great bodily harm less than murder, MCL 750.84; and felony-firearm, MCL 750.227b. The trial court sentenced defendant to life imprisonment for felony murder; 15 to 60 years' imprisonment for armed robbery; 7 to 20 years' imprisonment for first-degree...
UNPUBLISHED PER CURIAM . Plaintiff appeals as of right the trial court order granting defendant's motion for summary disposition pursuant to MCR 2.116(C)(7) (agreement to litigate in a different forum) in this case involving an alleged breached of fiduciary duty. Plaintiff is a limited liability company located in Royal Oak, Michigan, and defendant is a corporation located in Bloomfield Hills, Michigan. We reverse and remand for the reasons stated in this opinion. I. BACKGROUND FACTS In...
UNPUBLISHED PER CURIAM . Respondent appeals of right the trial court's order terminating her parental rights to her minor children pursuant MCL 712A.19b(3)(c)( i ) (conditions that led to adjudication continue to exist), MCL 712A.19b(3)(g) (failure to provide proper care and custody), and MCL 712A.19b(3)(j) (risk of harm if returned to parent). We affirm. I. FACTS Respondent's children, then ages one and two, were removed from her care and that of the children's father 1 in January 2015,...
UNPUBLISHED PER CURIAM . Plaintiff appeals as of right an order denying his motion to change custody. We affirm. Plaintiff presents arguments challenging the denial of his motion to change custody. "Three different standards govern our review of a circuit court's decision in a child-custody dispute. We review findings of fact to determine if they are against the great weight of the evidence, we review discretionary decisions for an abuse of discretion, and we review questions of law for...
UNPUBLISHED PER CURIAM . Plaintiffs appeal as of right the circuit court's orders granting defendants' motion to set aside defaults, granting defendants' motion for summary disposition, and denying plaintiffs' motion to strike documents from the court file. We affirm. This dispute arises out of a contentious history between Matthew S. DePerno, Albert W. Laaksonen, II, and their law offices. In 2011, Cathleen and Ronald Moffit retained DePerno and his law office to represent them in an...
PER CURIAM . This is a defamation case arising out of a confrontation between plaintiff Sanford N. Lakin 1 and defendant Sister Barbara Rund, following a service at defendant St. Hugo of the Hills Catholic Church. Sanford was disappointed that he had not been permitted to serve as a lector at the service. When Sanford sought the intervention of defendant Monsignor Anthony Tocco, 2 Sanford learned that Rund had told Tocco that Sanford put a finger in her chest during the confrontation and...
UNPUBLISHED PER CURIAM . Respondent appeals by leave granted 1 the circuit court's decision reversing a determination by the Public School Employees' Retirement Board (the Board) that denied petitioner's request to revoke her election of retirement healthcare benefits. We reverse and remand. I. FACTUAL AND LEGAL BACKGROUND Petitioner retired from teaching in 2013, after 31 years of service. In attempting to sort out her post-retirement healthcare, petitioner realized that she made "a...
MURPHY , J. This case primarily concerns a purported discharge of mortgage and the doctrine of equitable subrogation, which "is available to place a new mortgage in the same priority as a discharged mortgage if the new mortgagee was the original mortgagee and the holders of any junior liens are not prejudiced as a consequence." CitiMortgage, Inc. v. Mtg. Electronic Registration Sys., Inc., 295 Mich.App. 72 , 81, 813 N.W.2d 332 (2011). The loan obtained by the mortgagors and secured by...
UNPUBLISHED PER CURIAM . Defendant was convicted of first-degree felony murder, MCL 750.316(b), child abandonment, MCL 750.135, and unlawful driving away of an automobile (UDAA), MCL 750.413 following a jury trial. 1 Defendant was sentenced as a fourth-offense habitual offender, MCL 769.12, to life in prison without the possibility of parole for the felony murder conviction, 152 to 300 months for the child abandonment conviction, and 76 to 180 months for the UDAA conviction. Defendant...
UNPUBLISHED PER CURIAM . Defendant, Arron Murry, appeals by right from his convictions following a jury trial of one count of first-degree felony murder, 750.316(1)(b), one count of assault with intent to commit criminal sexual penetration, MCL 750.520g(1), one count of assault with intent to commit criminal sexual conduct in the second degree (CSC II), MCL 750.520g(2), one count of kidnapping, MCL 750.349, one count of carrying a dangerous weapon with unlawful intent, MCL 750.226, and one...
UNPUBLISHED PER CURIAM . Defendants Stone Central, LLC, and Najib Atisha appeal by right a circuit court judgment entered in favor of plaintiff Joel Cars Exhibition, Inc, (Joel Cars), in the amount of $16,778.96. 1 For the reasons set forth in this opinion, we affirm. I. FACTS In 2009, Hussein Hodroj immigrated to Detroit from Lebanon. Hodroj had family in Detroit and he decided to set up a company called Joel Cars to export automobiles. Hodroj purchased industrial property in Detroit to...
METER , J. Plaintiffs, Michael J. Bedford and Gary Stewart, Jr., appeal as of right an opinion and order 1 granting summary disposition under MCR 2.116(C)(8) to defendants, Derek S. Witte, Jordan C. Hoyer, and the Law Offices of Jordan C. Hoyer, PLLC. These appeals involve the interpretation of the fair-reporting privilege, codified at MCL 600.2911(3). We affirm in part, reverse in part, and remand for further proceedings. In December 2013, defendants — acting on behalf of their clients,...
UNPUBLISHED PER CURIAM . Defendant appeals by right her conviction, following a jury trial, of voluntary manslaughter, MCL 750.321 as a lesser included offense of second-degree murder, MCL 769.36. The trial court sentenced defendant to 8 to 22 years' imprisonment as a habitual offender, second offense, MCL 769.10. We affirm. I. PERTINENT FACTS AND PROCEDURAL HISTORY On the night of September 22, 2014, defendant stabbed William "Robbie" Sawyer, the man with whom she lived and who was the...
PER CURIAM . In this interlocutory appeal, the prosecution appeals by leave granted 1 the trial court's order denying its motion to admit other-acts evidence. For the reasons explained in this opinion, we vacate the trial court's MRE 404(b) analysis and remand for further proceedings not inconsistent with this opinion. In the present case, defendant has been charged with kidnapping, MCL 750.349, three counts of first-degree criminal sexual conduct, MCL 750.520b, and assault with intent to...
UNPUBLISHED PER CURIAM . Plaintiffs filed an action alleging wrongful death based on medical malpractice against Dr. Marvin Coy, the obstetrician who delivered their son, Eric Gerrity. Plaintiffs waited nearly seven years to file their complaint, but contended that the statute of limitations had been tolled by the doctor's misrepresentation of their son's cause of death. The circuit court found that plaintiffs were put on notice of their claim contemporaneous with the child's passing and...
UNPUBLISHED PER CURIAM . Seven trial court orders are challenged in this consolidated appeal in a case involving the scope of a dedication and the rights of lakefront and back-lot owners to property lying between a road and a lake. The first order granted partial declaratory judgment in favor of plaintiffs (lakefront owners) and against the defendants (back-lot owners) regarding the scope of usage rights under a dedication. The second order denied defendants' motion to adjourn hearing on...
UNPUBLISHED PER CURIAM . Plaintiff appeals as of right from the order of the circuit court dismissing without prejudice the criminal case against defendant for solicitation of murder, MCL 750.157b(2), which the circuit court entered after it ordered that the district court's bindover be quashed and that statements made by defendant to the Michigan State Police and to his employer, the Michigan Department of Corrections, be suppressed. We reverse. I. FACTUAL BACKGROUND Defendant was a...
UNPUBLISHED PER CURIAM . Defendant appeals as of right his jury trial convictions of armed robbery, MCL 750.529, and resisting and obstructing a police officer, MCL 750.81d(1). Defendant was sentenced as an habitual offender, fourth offense, MCL 769.12(1)(a), to prison terms of 300 to 600 months (25 to 50 years) for the armed robbery conviction and 60 to 180 months (5 to 15 years) for the resisting and obstructing a police officer conviction. We affirm. I. FACTS This case stems from a...
UNPUBLISHED PER CURIAM . Appellant, Compuware Corporation (Compuware), appeals as of right from the circuit court's order denying Compuware's motion to vacate or modify an arbitration award, granting the motion of appellee, Peter Karmanos, Jr., to confirm the arbitrator's award, and entering judgment in the amount of $16.5 million in Karmanos's favor. We affirm. I. FACTUAL BACKGROUND This case arises out of comments Karmanos made in September 2013 criticizing the management of Compuware....
GLEICHER , J. Alonzo Garvin sustained injuries in a motor vehicle accident and received treatment from plaintiffs Spine Specialists of Michigan, PC, and American Anesthesia Associates, LLC. Plaintiffs brought this action against State Farm Mutual Automobile Insurance Company, seeking payment for the care provided to Garvin. Dr. Louis Radden, a neurosurgeon, solely owns Spine Specialists. The issue presented is whether State Farm must pay Dr. Radden an expert witness fee to take his...
