UNPUBLISHED PER CURIAM . Respondent appeals as of right from an order terminating his parental rights to his three children, JMC, JDC, and JWC, under MCL 712A.19b(3)(b)( i ) (physical or sexual abuse), (g) (failure to provide proper care and custody), (j) (reasonable likelihood of harm), and (n) (conviction of serious criminal offense). We affirm. I. FACTS In November 2016, respondent entered JMC's room 1 while she was sleeping and touched her buttocks and vaginal area over her spandex...
UNPUBLISHED PER CURIAM . Defendant, the City of Detroit, appeals as of right the trial court's order denying its motion for partial summary disposition. For the reasons stated herein, we reverse and remand for further proceedings consistent with this opinion. I. FACTS AND PROCEDURAL HISTORY This matter arises out of a collision between a Detroit Department of Transportation (DDOT) bus driven by defendant, David Glenn, Sr., 1 and a rental car driven by plaintiff, Tina Parkman. Following...
UNPUBLISHED PER CURIAM . In this medical malpractice action, plaintiff appeals by right an order reflecting the jury's verdict of "no cause of action" as to any of the defendants. Finding no errors warranting reversal, we affirm. 1 I. BASIC FACTS The decedent, Patricia Watland (Patricia), died two days following arthroscopic knee surgery to repair a torn meniscus. Her estate ("plaintiff") brought a medical malpractice action against a number of defendants, including the surgeon who...
UNPUBLISHED PER CURIAM . Plaintiff Scott Simmons appeals as of right the trial court's order granting summary disposition in favor of defendants pursuant to MCR 2.116(C)(8) in this action involving claims of promissory estoppel and breach of contract arising out of a business agreement. We affirm. In 2002, Simmons and Bonnie Vant formed an elevator parts and services company known as The Vertical Solution Company (VSC). Simmons and Vant initially had an oral agreement with respect to the...
UNPUBLISHED PER CURIAM . Respondent appeals by right an April 19, 2016, circuit court order holding that pursuant to MCL 700.2803, respondent was not entitled to inherit from the decedent's estate. For the reasons set forth in this opinion, we affirm. I. FACTS The decedent, Maxine Hadley, who was respondent's mother, died on May 23, 2014 from carbon monoxide poisoning; the manner of death was listed as a homicide. Petitioner, Scott S. Hadley, the decedent's son, was granted letters of...
BORRELLO , J. In this interlocutory appeal, defendant appeals by leave granted 1 the trial court's order denying his motion to dismiss. Defendant is charged with one count of delivery of a controlled substance causing death (fentanyl), MCL 750.317a. Defendant argued in the trial court as well as on appeal that the trial court lacks "jurisdiction." 2 For the reasons set forth in this opinion, we reverse and remand the matter to the trial court for further proceedings consistent with this...
UNPUBLISHED PER CURIAM . In this trust contest between half-siblings, petitioner-appellant, Sherry I. Craven (petitioner), appeals as of right the probate court's order denying her petition to remove respondent-appellee, Richard Z. Craven (respondent), from his role as successor trustee of the trust of their mother, Ina J. Craven. We affirm. Petitioner first argues that the probate court erred by refusing to order respondent to provide a more complete accounting of the trust. The gist of...
UNPUBLISHED PER CURIAM . In Docket No. 334509, plaintiffs appeal as of right the trial court's order granting defendant's motion for summary disposition under MCR 2.116(C)(10), denying plaintiffs' cross-motion, and thereby dismissing plaintiffs' complaint for breach of an independent promotership contract. In Docket No. 337612, plaintiffs appeal as of right the trial court's order awarding defendant case evaluation sanctions of $51,835.07 against both plaintiffs. For the reasons set forth...
UNPUBLISHED PER CURIAM . Respondent father appeals as of right the order of the trial court terminating his parental rights to his minor child under MCL 712A.19b(3)(b)( i ) (sexual abuse of the child by the parent), (g) (failure to provide proper care and custody), and (j) (reasonable likelihood of future harm to the child). We affirm. In June 2015, when the child in this case was five years old, she lived with her mother and grandmother and visited often with respondent, who is the child'...
UNPUBLISHED PER CURIAM . In this child custody dispute, defendants appeal as of right a May 15, 2017, trial court order wherein the trial court dismissed defendants' motion for relief from a November 3, 2015, order of filiation, establishing plaintiff as the legal and biological father of JDA ("ROPA judgment"). In the same May 15, 2017 order, the trial court granted summary disposition in favor of plaintiff. For the reasons set forth in this opinion, we affirm. I. FACTS This case arose...
UNPUBLISHED PER CURIAM . A jury convicted defendant of two counts of first-degree criminal sexual conduct (CSC-I), MCL 750.520b(2)(b), and three counts of second-degree criminal sexual conduct (CSC-II), MCL 750.520c(2)(b). 1 The trial court sentenced defendant to two concurrent terms of 25 to 50 years' imprisonment for the CSC-I convictions and three concurrent terms of 5 to 15 years' imprisonment for the CSC-II convictions. The CSC-II sentences were to run consecutive to the CSC-I...
UNPUBLISHED PER CURIAM . In this case, a jury convicted defendant of two counts of first-degree criminal sexual conduct causing bodily injury, MCL 750.520b(1)(f). The trial court sentenced defendant to two concurrent terms of 15 to 50 years' imprisonment, with credit for 192 days served. Defendant now appeals. We affirm. This case involves a sexual assault of an adult woman in her home. During the evening of February 14, 2016, the 61-year-old victim, her roommate, Victor Cervantes, and...
UNPUBLISHED PER CURIAM . This dispute relates to an agreement between defendant Benton Township (the Township) and defendant Potterville Public Schools (the School District) for the Township's provision of fire and emergency medical services (EMS) to the School District. Plaintiff, City of Potterville (the City), challenges the validity of this contract and argues that a valid contract is necessary for the provision of emergency services outside the agency's jurisdiction. The City appeals...
UNPUBLISHED PER CURIAM . Intervenor, International Union of Operating Engineers Local 324 (IUOE), appeals as of right an order entered by the Michigan Employment Relations Commission (MERC), granting a petition for unit clarification brought by petitioner, AFSCME Council 25 and its Affiliated Locals 207 and 2920 (AFSCME). MERC determined that AFSCME's bargaining unit, not IUOE's bargaining unit, would represent two new job classifications, Plant Technician (PT) and Office Support Specialist...
Per Curiam . Defendant the Department of Treasury (the Department) appeals as of right three opinions and orders issued by the Court of Claims involving plaintiffs Prime Time International Distributing, Inc., MFJ Enterprises, Inc., and Chase Cash & Carry, Inc. The Department and defendant the State Treasurer appeal as of right an opinion and order involving plaintiff Keweenaw Bay Indian Community. We affirm. I. BACKGROUND Spanning from 2015 to 2016, the Michigan State Police Tobacco Tax...
UNPUBLISHED PER CURIAM . Following a jury trial, defendant was convicted of two counts of first-degree home invasion, MCL 750.110a(2); assault with intent to commit criminal sexual conduct involving sexual penetration, MCL 750.520g(1); and indecent exposure, MCL 750.335a(2)(a). The trial court sentenced defendant as a fourth-offense habitual offender, MCL 769.12, to concurrent sentences of 18 to 30 years for the home invasion convictions, 8 to 30 years for the assault conviction, and 363...
UNPUBLISHED PER CURIAM . These consolidated appeals arise from a construction contract dispute between defendant, the Township of Howell, and plaintiff, Rainbow Construction, Inc., who was awarded a contract to extend sewer services and install drain culverts and related structures. Rainbow Construction appeals by right, challenging a number of the trial court's orders. For the reasons set forth in this opinion, we affirm in part, reverse in part, and remand for further proceedings...
UNPUBLISHED PER CURIAM . Rebecca Clemence had four children, but in 2005 amended her trust to give 70% of her estate to only one. Following her 2013 death, Rebecca's other children filed a petition to challenge the validity of the trust, arguing that their mother suffered from dementia in 2005 and lacked testamentary capacity. After sending petitioners on a futile quest for medical records and without holding an evidentiary hearing or trial, the probate court ordered the disbursement of...
UNPUBLISHED PER CURIAM . The prosecution appeals by leave granted the trial court's order granting defendant's motion to suppress statements he made to his employer, the Michigan State Police (MSP). We affirm. This case arose out of the alleged theft of personal property during the execution of two search warrants on two residences on December 23 and 24, 2014, in Leoni Township, Michigan. The search warrants were executed by members of the Jackson Narcotics Enforcement Team and the Home...
UNPUBLISHED PER CURIAM . Defendant/counter-plaintiff Burnam Fleming appeals as of right from the trial court's order denying his motion to set aside the judgment entered against him and amending the judgment in this lawsuit initiated by plaintiff/counter-defendant Mustafa Ufuk Unuvar, alleging defamation, abuse of process and malicious prosecution. 1 We affirm. I. FACTS AND PROCEDURAL HISTORY This appeal arises from an altercation that took place between plaintiff and defendant on July 5,...
