Ann Arbor, MI
Appeals Lawyer at Ann Arbor, MI
Practice Areas: Appeals, Family ... +3 more
OUTCOME: My client prevailed when the Court of Appeals reversed the order granting plaintiff summary disposition.
Restaurant sued my client who owned an adjacent business claiming prescriptive easement for parking and storage. Trial court granted plaintiff summary disposition. My client appealed.
OUTCOME: Our client received the property and all other funds to which she was entitled.
Our client had lived with the decedent for many years in her home. When she asked him to begin contributing his fair share to the household expenses, he instead cancelled a land contract and gave that ... property to our client free and clear. After he died, the decedent's daughter objected and claimed the property remained part of the estate. The trial court agreed and refused to hold an evidentiary hearing regarding the decedent's intent. Our client hired our office to appeal. Once the appellate brief was filed, the matter promptly settled and our client received the property and all other funds to which she was entitled.
OUTCOME: Judgment against my client was reversed and she obtained a judgment against the opposing party.
Plaintiff leased her upscale home to defendants with an option to renew. The lease included a "chronic late payment" clause entitling the landlord to terminate the lease. The tenants were chronically ... late and damaged the property but refused to leave despite notice. to quit The district court held that the ate payment provision violated the Michigan Consumer Protection Act (MCPA) and that, therefore, plaintiff had no basis to deny the defendants' right to renew, that plaintiff was not entitled to holdover rents, and that plaintiff was required to pay damages and attorney fees under the MCPA. The circuit court reversed the trial court's ruling regarding the damages and attorney fees under the MCPA and held that defendants required to pay plaintiff the increased holdover rents required by the lease.
OUTCOME: We were able to have the equitable and injunctive relief against my client vacated on appeal and, on remand, the trial court adopted in full the injunction proposed by my client.
My client's neighbors reconfigured their property causing water to flood to her farm. My client's claims were settled but the neighbor's counterclaims went forward. The trial court ordered my client to ... remove all culverts but one, virtually guaranteeing continued flooding, and ordered that she be personally liable for any obstruction of the waterflow into the future regardless whether she continued to own the property. My client hired this office to appeal that order. The opinion can be viewed here: http://www.michbar.org/opinions/appeals/2013/103113/55721.pdf On remand, the circuit court adopted the injunction proposed by my client in its entirety.
OUTCOME: My client won - the trial court was reversed
An islamic ceremonial wedding was held in Ohio after which the Imam neglected to return the Ohio marriage license to the county. The couple lived together as husband and wife and only discovered the e ... rror some time later when they decided to divorce. Plaintiffs, the husband and his mother, sued my clients, the wife and her father, seeking return of "conditional" wedding gifts including the mahr, claiming that the wedding never occurred and the marriage was "void" from the start. The trial court found that there was no valid marriage and entered a judgment of approximately $25,000 in favor of plaintiffs. On appeal, the circuit court reversed the trial court and entered an order in favor of the wife and her father.
OUTCOME: The Court of Appeals granted our motion to dismiss.
Defendant father filed an appeal as of right from the trial court's denial of his postjudgment motion seeking parenting time and attorney fees. Plaintiff mother hired this office to defend the appeal ... as to parenting time. This office filed a motion to dismiss the claim of appeal as to parenting time. The Court of Appeals granted our motion.
OUTCOME: My client won the appeal within three days.
Plaintiff filed a motion in pro per seeking custody and an order preventing her child's father from taking the child overseas. The Washtenaw County Trial Court entered an order awarding defendant fathe ... r temporary custody, allowing him to take the child to a small town in a remote region of Colombia, South America. No evidentiary hearing was held, there was no analysis of the existing custodial environment, nor was there any analysis of the best interest factors as required by statute. Plaintiff appealed.
OUTCOME: The Court of Appeals agreed with my client and reversed the trial court’s exclusion of the plaintiffs from participation in the auction and vacated the imposition of the easement.
Appellants owned a two-thirds interest in a lakefront summer cottage in which they had invested approximately $100,000.00. The remaining one-third interest was owned by Appellees, Appellants' aunt and ... uncle, who also owned the adjacent cottage. Appellees consistently refused to pay their portion of the expenses for the jointly owned cottage whereupon Appellants filed an action for partition. The trial court ordered a public auction of the property in lieu of partition but prohibited the parties from participating in the auction and from using the property. Appellants challenged the restrictions on their participation in the auction and the trial court's imposition of an easement benefitting appellees' adjacent property. The opinion can be viewed here: http://statecasefiles.justia.com/documents/michigan/court-of-appeals-unpublished/299036.pdf?ts=1323898420
OUTCOME: My client won.
The Michigan Court of Appeals held that the trial court erred by offsetting the plaintiff-husband's child support obligation by the amount of SSDI (Social Security Disability) benefits received by the ... child as a result of defendant-wife's disability because the MCSF (Michigan Child Support Formula) does not provide for a credit in this situation and the trial court did not follow the requirements in MCL 552.605(2) for deviating from the MCSF.
OUTCOME: My client won and the circuit court and district court orders were vacated.
In lieu of granting the application for leave to appeal, the Court of Appeals peremptorily vacated the circuit court's order affirming the district court which had granting third-party defendants’ moti ... on for summary disposition. The Court of Appeals reversed because the amount in controversy in those claims exceeded the district court’s jurisdictional limit and holding that although the jurisdiction issue was not raised below, a challenge to subject matter jurisdiction may be raised at any time, even if raised for the first time on appeal. The district court’s order was therefore, void ab initio.
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