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Fellows, J:
Defendant operates cement plants at Coldwater and Quincy in Branch county. Plaintiff owns coal mines and sells coal. In 1919 it shipped 52 cars of coal to defendant. It is claimed by defendant and admitted by plaintiff that some of the cars did not come from the field and were not the kind of coal agreed up... | [
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Per Curiam.
Defendant, Hawkeye Security Insurance Company, appeals from an order granting summary judgment to plaintiff, Reliance Insurance Company.
The summary judgment was granted in plaintiffs suit against defendant for a declaratory judgment requiring defendant to defend and provide coverage in a Wayne County suit ... | [
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P. C. Elliott, J.
At a hearing for increased child support, Judge Steven N. Andrews ruled as follows (we add facts by footnote):
The pertinent facts presented to the Court are as follows: The parties were divorced on January 10, 1979. Custody of the minor child, Barrett, was granted to the plaintiff mother, and the def... | [
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H. Hood, P.J.
Respondent Marshell Andeson appeals as of right from the probate court order terminating his parental rights to the minor child Michael John Andeson pursuant to MCL 712A.19a(b), (e); MSA 27.3178(598.19a)(b), (e). At the same time the parental rights of the mother, Brenda Lee Merritt, and a putative father... | [
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Per Curiam.
On October 1, 1985, plaintiffs age discrimination suit was dismissed with prejudice. Plaintiff appeals as of right. We affirm.
Plaintiff filed a complaint on April 28, 1980, alleging defendant’s decision to demote him from an "unclassified bonus” position to a grade 8 position was based on age discriminatio... | [
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Cavanagh, J.
We determine in this case whether the Michigan Catastrophic Claims Association (mcca) is a state agency, and therefore subject to the Administrative Procedures Act. We hold that it is not and reverse the decision of the Court of Appeals.
i
PACTS
The Michigan automobile no-fault act was adopted by the Legis... | [
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Boyle, J.
We granted leave to appeal to determine whether the procedural safeguards surrounding a formal trial must be afforded a defendant subjected to an enhanced sentence pursuant to the second-offender provisions of the controlled substance act, MCL 333.7413; MSA 14.15(7413). We hold that a defendant charged under ... | [
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Per Curiam.
Plaintiff was injured on August 6, 1982, while a passenger in an automobile driven by her husband, defendant John H. Earl, which was struck at the intersection of Secor Road and County Road 151 in Monroe County by a vehicle driven by defendant Robert Don White. Plaintiffs complaint stated that the accident ... | [
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Per Curiam.
In this medical malpractice case, defendant Bay Medical Center appeals by leave granted from the November 8, 1984, interlocutory order of the circuit court denying defendant’s motion for entry of an order compelling arbitration.
This is the second time that the instant case has been before this Court. Prior... | [
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Per Curiam.
Defendant pled guilty to a charge of operating a motor vehicle while having an unlawful blood alcohol level, MCL 257.625(2); MSA 9.2325(2). He was sentenced to serve forty-five days in jail, had his driver’s license suspended for one year, and was granted work release (day parole) privileges if he was able ... | [
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Per Curiam.
Plaintiff, Panzy Calladme, individ ually and as guardian of William Calladine, brought suit in the Wayne Circuit Court against defendants Hyster Company, Hyster Credit Corporation, and Modern Handling Equipment Company. Plaintiff alleged that Modern Handling, as owner of a forklift, was responsible for all ... | [
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Per Curiam.
Defendant appeals from a judgment for plaintiff entered by the trial court subsequent to a bench trial. The trial judge held that defendant, as plaintiffs no-fault insurer, was liable to plaintiff for personal protection insurance benefits in the amount of $15,375.27.
Plaintiff was injured in an accident on... | [
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Archer, J.
We granted leave to appeal to determine whether the defendants should be sentenced under MCL 333.7401; MSA 14.15(7401) and MCL 333.7403; MSA 14.15(7403) as amended subsequent to the dates their crimes were committed. We would affirm the judgment of the Court of Appeals.
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A. PEOPLE V SCHULTZ
Defendant David ... | [
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E. E. Borradaile, J.
The principal question in this case is whether the basement of a two-story multiple-unit dwelling was a part of the first floor or the curtilage for purposes of a search and seizure under a search warrant.
The defendant was convicted by a Recorder’s Court jury of receiving and concealing stolen pro... | [
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G. W. Crockett, III, J.
The defendants-counter-plaintiffs, Billy D. Isbell and Peggy S. Isbell (defendants), appeal as of right from an October 7, 1985, amended order for judgment of deficiency entered by the Livingston Circuit Court. In addition to this order, defendants challenge a judgment of foreclosure, entered on... | [
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Archer, J.
The question presented is whether the trial court properly granted defendant’s motion for summary judgment because plaintiff’s previous nolo contendere plea to attempted burning of real property terminated any rights plaintiff had under his policy of insurance with defendant company.
i
The plaintiff, Dennis ... | [
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AFTER REMAND
Per Curiam.
The issue in this case is whether an insurance company provided adequate notice of its intent to cancel a no-fault automobile insurance policy. The circuit court and the Court of Appeals found that because separate notice was not provided to one of the named insureds the policy was not canceled... | [
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Riley, C.J.
This case presents us with the issue whether the Fourth Amendment of the United States Constitution and Michigan’s analogous provision, Const 1963, art 1, § 11, apply to a defendant who discards illegal contraband during a police chase. Our determination of this issue depends upon the resolution of two narr... | [
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Griffin, J.
This appeal raises again the question whether an indigent defendant is constitutionally entitled to the assistance of counsel in a contempt proceeding for failure to pay child support. In Sword v Sword, 399 Mich 367; 249 NW2d 88 (1976), this Court concluded that in such a civil proceeding there is no right ... | [
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R. B. Burns, P.J.
Defendant Everett appeals by leave granted from a June 21, 1985, order of the circuit court denying his motion for summary judgment in which he claimed plaintiff’s injuries did not constitute serious impairment of body function or permanent serious disfigurement under Michigan’s no-fault insurance act... | [
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V. J. Brennan, P.J.
Defendant appeals as of right from a March 29, 1984, judgment following a bench trial. The trial court found defendant guilty of one count of criminal sexual conduct in the first degree (esc i), MCL 750.520b; MSA 28.788(2), one count of extortion, MCL 750.213; MSA 28.410, and one count of possession... | [
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Per Curiam.
Defendant appeals by leave granted from an adverse decision in the Wayne Circuit Court. The circuit court reversed a district court order permitting defendant to revoke his previous rejection of a Wayne County Mediation Tribunal award in the sum of $7,500 in favor of plaintiff. Our review persuades us that ... | [
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Per Curiam.
These cases, consolidated for appeal by order of this Court on February 6, 1985, involve review of judgments requiring the boards of commissioners of Clare and Gladwin Counties to implement a salary structure for employees of the Seventeenth District Probate Court. The Seventeenth District Probate Court enc... | [
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Cynar, J.
The Mutual Life Insurance Company of New York (mony) appeals as of right from a declaratory judgment entered June 8, 1981.
The facts in this case were set forth in our prior opinion, 121 Mich App 386, 388-390; 328 NW2d 638 (1982), as follows:
Mony is a mutual life insurance company, incorporated in the State ... | [
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D. F. Walsh, P.J.
Plaintiffs, New Hampshire Insurance Group, subrogee of Harold Higgerson, and Harold Higgerson, individually, appeal from an order of the circuit court granting summary disposition in favor of defendant, Rosemary La-bombard. MCR 2.116(C)(8).
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D. F. Walsh, J.
Defendant David Eugene Powers was convicted, on his plea of guilty, of the offense of criminal sexual conduct, second degree. MCL 750.520c(1)(a); MSA 28.788(3)(1)(a). He was sentenced to a term of imprisonment of from three to fifteen years. The recommended minimum sentence set forth in the Michigan Sen... | [
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J. M. Batzer, J.
Defendant was convicted of armed robbery, MCL 750.529; MSA 28.797, and felony-firearm, MCL 750.227b; MSA 28.424(2), after a jury trial on April 16-18, 1984. Sentenced to a prison term of from four to ten years for armed robbery and two years for felony-firearm, defendant appeals as of right.
The first ... | [
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Per Curiam.
This action arises out of a skiing accident. Plaintiff, Michelle Grieb, was injured when she was struck from behind by an unknown skier while skiing on a slope at defendant Alpine Valley Ski Resort. Plaintiff brought suit against defendant. The trial court granted a motion for accelerated judgment pursuant ... | [
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Per Curiam:.
Defendant, David Nelson Terrell, was convicted of assault with intent to do great bodily harm less than murder and possession of a firearm during the commission of or attempted commission of a felony contrary to MCL 750.84; MSA 28.279 and MCL 750.227b; MSA 28.424(2). He was sentenced to terms of one year a... | [
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Per Curiam.
On December 5, 1978, defendant was convicted by a jury of first-degree murder, MCL 750.316; MSA 28.548, and assault with intent to murder, MCL 750.83; MSA 28.278. He was sentenced to two concurrent terms of life imprisonment and appeals as of right.
Both crimes resulted from an incident outside of an entran... | [
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J. H. Piercey, J.
This case stems from the June 2, 1974, collision between an automobile insured by defendant Frankenmuth Mutual Insurance Company (Frankenmuth) and a bicycle operated by William Prince, a mentally incompetent adult who was seriously and permanently injured in the accident. At the time of the mishap, Pr... | [
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R. M. Maher, P.J.
Defendant appeals by leave granted the order of the trial court denying defendant’s motion for accelerated judgment. Pursuant to GCR 1963, 806.3(l)(a)(ii) the trial court certified that the order "involves a controlling question of law as to which there is substantial ground for difference of opinion ... | [
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Per Curiam.
Plaintiff, Marjorie L. Davey, appeals as of right from an order, pursuant to a judgment of divorce, requiring her to pay one-half of an inheritance to defendant.
In the trial court, the parties’ assets were divided between the plaintiff and defendant as follows:
Marjorie Davey Marshall Davey
Residence $42,0... | [
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Bashara, P.J.
Defendant General Electric Company (G.E.) filed a hybrid motion for summary/ accelerated judgment asserting that plaintiff had failed to commence an action against it within the three-year statutory limitation for wrongful death actions. The trial court denied the motion, and G.E. was granted leave to app... | [
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Bashara, J.
Defendant appeals from jury convictions of first-degree murder, MCL 750.316; MSA 28.548, and breaking and entering an occupied dwelling with intent to commit larceny therein, MCL 750.110; MSA 28.305.
The body of Kenneth Smith was found lying in a driveway in Cass County, Michigan, on the afternoon of Novemb... | [
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Bronson, P.J.
Following a jury trial in the Wayne County Circuit Court, defendant was convicted of soliciting another to commit the crime of assault with intent to do great bodily harm less than murder, to-wit: the breaking of the kneecaps of Angelo Comito or members of his family. MCL 750.157b; MSA 28.354(2) and MCL 7... | [
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Per Curiam.
Plaintiff appeals of right from a judgment of divorce entered January 15, 1980, dissolving the marriage of 18 years between the parties. Plaintiff appeals only the division of property and the amount of alimony awarded.
Except for defendant’s Federal Railroad Retirement Act pension, no part of which was awa... | [
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C. L. Horn, J.
This is an appeal as of right by defendant Fisher Contracting Company of a judgment, after a bench trial, finding it liable to plaintiff in the amount of $26,765.24 plus costs. At trial, defendant Municipal Contractors, Inc. was in default. The trial court required plaintiff to choose to proceed either a... | [
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Bronson, P.J.
This is an appeal from a judgment adverse to plaintiff in her suit for declaratory relief. On May 11, 1973, plaintiff’s deceased was the owner of a 1967 Mercury automobile which was insured by defendant Detroit Automobile Inter-Insurance Exchange (hereinafter DAIIE or defendant). On that date, James Jarre... | [
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Per Curiam.
This original mandamus action concerns the impact of the rule set forth in two consolidated cases: People ex rel Oakland County Prosecuting Attorney v Bureau of Pardons and Paroles and Trudeau v Oakland Circuit Judge, 78 Mich App 111; 259 NW2d 385 (1977), generally known as the Trudeau decision. The essenti... | [
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Bashara, J.
Defendant appeals his jury conviction of three counts of first-degree murder, MCL 750.316; MSA 28.548.
Initially, defendant asserts that his confession, in which he admitted killing the victims because "they were stealing his job”, was not voluntary. The trial court ruled the confession was voluntary and ad... | [
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Per Curiam.
On January 23, 1979, defendant was convicted by a jury of assault with intent to commit great bodily harm less than murder, MCL 750.84; MSA 28.279, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). He was sentenced to consecutive terms of five to ten years on the as... | [
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Per Curiam.
Defendant appeals from a judgment of divorce entered on October 15, 1979, following trial on July 27, 1979. The parties were married on August 22, 1970. Two children were born: Brett, born June 30, 1972, and Renee, born October 20, 1974. The family resided in St. Clair County until the fall of 1976, when th... | [
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J. H. Piercey, J.
On December 7, 1978, defen dant was convicted by a jury of felony murder, MCL 750.316; MSA 28.548. The victim, Mitchell Lechtanski, was killed during a burglary of his home. Although there apparently were no eyewitnesses, the prosecution presented other evidence linking defendant directly to the crime... | [
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J. H. Gillis, J.
Plaintiff, Bruce H. Schwartz, appeals from a February 13, 1980, order of the Saginaw County Circuit Court granting defendant summary judgment. Plaintiff had alleged that he was wrongfully and unjustly discharged from de fendant’s employ on September 20, 1978, after working for defendant for 28 years.
P... | [
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Per Curiam.
On November 16, 1979, defendant pled guilty to larceny in a building contrary to MCL 750.360; MSA 28.592 and of being a second-time felony offender contrary to MCL 769.10; MSA 28.1082. The pleas were given pursuant to a bargain whereby the prosecutor agreed not to charge defendant as a four-time felony offe... | [
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T. M. Burns, P. J.
Defendant appeals as of right his February 26, 1979, guilty plea convictions of armed robbery and possession of a firearm during the commission of a felony. MCL 750.529; MSA 28.797, MCL 750.227b; MSA 28.424(2). On March 19, 1979, defendant was sentenced to the two-year mandatory term of imprisonment ... | [
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Per Curiam.
The defendant, Edward Stockwell, was convicted by an Oakland County jury of second-degree murder, MCLA 750.317; MSA 28.549, and appeals as of right.
The defendant was previously convicted on the same charge and appealed to this Court which reversed his conviction, People v Stockwell, 52 Mich App 394; 217 NW... | [
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M. J. Kelly, J.
Plaintiffs Edward G. Wynn and Victoria M. Wynn, husband and wife, appeal by right from the entry of summary judgment in favor of defendants in an action for libel in Gene-see County Circuit Court.
The oft-amended complaint alleged that plaintiff wife, Victoria M. Wynn, a registered nurse, enjoyed a good... | [
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Bashara, J.
Defendant bank appeals a jury verdict of $225,000 entered against it in Oakland County Circuit Court. Defendant alleges the trial judge erroneously denied its summary judgment motion, improperly issued a directed verdict on liability in plaintiffs favor, and mistakenly severed from the main suit its third-p... | [
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D. E. Holbrook, J.
Defendant appeals by leave granted from an order of the court below denying his motion to suppress certain evidence.
The concise statement of proceedings and facts, certified by the court below, states:
"Defendant, Harold J. Morse, was involved in an automobile collision on February 14, 1974 in Orion... | [
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Per Curiam.
This is an appeal from a condemnation award by a Detroit Recorder’s Court jury. On May 25, 1972, plaintiff, City of Detroit, filed a complaint seeking condemnation for public purposes of approximately 41 (separately owned) parcels of land. Proceedings were initiated pursuant to 1945 PA 344, MCLA 125.71 et s... | [
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F. C. Ziem, J.
This case has been in process for several years. It has previously been before this Court and the Supreme Court. It began with the killing of an off-duty police officer, Alonzo Marshall, during the course of a robbery on September 1, 1971.
These defendants were eventually arrested and tried for first-deg... | [
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Allen, J.
Defendant appeals by right from his conviction of involuntary manslaughter, MCLA 750.321; MSA 28.553, and assault with intent to do great bodily harm less than murder, MCLA 750.84; MSA 28.279.
Defendant, a juvenile, took an automobile, and was spotted by police with his headlights off. A high speed chase ensu... | [
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Mallett, J.
We granted leave to determine whether an employer, who implements an affirmative action plan that has not been formally approved by the Civil Rights Commission pursuant to MCL 37.2210; MSA 3.548C210) is guilty of discrimination as a matter of law. We hold that such conduct is not itself discriminatory.
We t... | [
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The stay granted pursuant to MCR 9.122(C) is to remain in effect until twenty-one days after the effective date of this order. | [
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Boyle, J.
We granted leave in this case to determine whether the amended statute of limitations set forth in MCL 767.24(2); MSA 28.964(2) applies to the prosecution of a charge of criminal sexual assault involving a minor where the alleged acts were committed prior to, yet were not time-barred on, the effective date of... | [
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On order of the Court, the petition for relief is considered and, by stipulation of the parties, Lyle H. Parr (P 18663) is enjoined from practicing law until December 31, 1992, or until further order of the Supreme Court, whichever is first. The clerk is directed to seal the file in this matter, except that this order ... | [
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On order of the Court, this Court having received the decision of the Judicial Tenure commission and its recommendation for an order of discipline, and having received the respondent’s stipulation to the commission’s findings and his consent to the recommended discipline, we adopt the following findings of the commissi... | [
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D. L. Sullivan, J.
This matter comes before us pursuant to an order of the Supreme Court remanding the case to this Court in lieu of leave to appeal, 408 Mich 854 (1980).
Defendant employer and its insurance carrier appeal from the decision of the Workers’ Compensation Appeal Board awarding compensation to plaintiff fo... | [
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Per Curiam.
The decedent, Olga Peekus, willed her estate to the appellants and Edmond Piekus, a/k/a Imant Piekus, a resident of Latvia. The appellants filed a motion in the probate court to have funds held in escrow pending a determination of the nonresident alien’s right to share in the personal property of the estate... | [
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J. H. Gillis, J.
Plaintiff appeals as of right from the lower court’s denial of injunctive relief to prevent the defendants from proceeding with a mortgage foreclosure.
The property in question was originally the principal asset of T & T Land Development, a partnership formed on May 3, 1974, by Duane L. Tinkis and Howa... | [
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Per Curiam.
Plaintiff appeals by leave granted from an order entered in the Ingham County Circuit Court denying plaintiffs motion to disallow the taking of a deposition in Lansing, Michigan, of its officer, Tony Schwartz. Apparently, plaintiff, New Sounds, Inc., is wholly owned by Schwartz.
In May, 1976, plaintiff ente... | [
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Per Curiam.
Defendant was convicted by a jury of voluntary manslaughter, MCL 750.321; MSA 28.553, and felony-firearm, MCL 750.227b; MSA 28.424(2).
On appeal, defendant raises four allegations of error. Initially, he contends that reversible error occurred when his girlfriend’s prior inconsistent statement was admitted ... | [
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D. L. Sullivan, J.
Plaintiffs and defendants are next-door neighbors. They own cottages along the St. Cfair River in Cottrellville Township, St. Clair County. Prior to this dispute, the cottages were served by a two-track dirt strip leading to Highway 29 and straddling the boundary line between the two parcels of land.... | [
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T. M. Burns, P.J.
Defendant Pyramid Human Services, Inc., appeals as of right a lower court order granting summary judgment in favor of plaintiff and permanently enjoining defendants from using a house located in Leland Acres Subdivision as a foster care facility for six mentally disabled persons. We reverse.
Plaintiff... | [
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Per Curiam.
Plaintiff appeals a decision of the Workers’ Compensation Appeal Board granting defendants control over his medical and convalescent care and denying his petition for an increase in compensation benefits.
Plaintiff is totally and permanently disabled as a result of an injury arising out of his employment at... | [
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Per Curiam.
Plaintiffs appeal as of right a decision of the trial court, which directed a verdict of no cause of action as to defendant Dr. John O’Sullivan, GCR 1963, 515.1, and granted defendant University of Michigan Medical center’s motion for summary judgment. GCR 1963, 117.2(3). The plaintiffs raise four issues, w... | [
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Bronson, P.J.
Defendant appeals by leave granted from a judgment of the Workers’ Compensation Appeal Board (WCAB or Board) affirming the decision of the administrative law judge granting plaintiff compensation benefits.
On September 18, 1975, plaintiff filed a petition for workers’ compensation alleging that physical a... | [
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T. M. Burns, P.J.
Defendants Steven Vannoy and Joseph Vannoy appeal as of right their May 21, 1979, guilty plea convictions of one count of armed robbery, MCL 750.529; MSA 28.797, and one count of felony-firearm, MCL 750.227b; MSA 28.424(2). Defendant Pamela Howard appeals by leave granted her May 21, 1979, guilty plea... | [
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Riley, J.
We granted leave to appeal to resolve a conflict in the Court of Appeals over whether a lienholder may recover under a loss payable clause where the insured breached an insurance contract, by intentionally destroying his property and misrepresenting the loss to his insurer. In cases involving nearly identical... | [
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M. J. Kelly, J.
The Organization of School Administrators and Supervisors (OSAS), respondent below, appeals of right a decision and order of the Michigan Employment Relations Commission (MERC), clarifying the OSAS bargaining unit to exclude certain employees under an "executive exclusion” recognized in Hillsdale Commun... | [
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Beasley, J.
Plaintiff, Robert W. Schaeffer, appeals a trial court’s denial of his motion for modification of alimony and elimination of alimony arrearages owed to defendant, Jacqueline Y. Schaeffer. Defendant wife cross-appeals the trial court’s refusal to increase the alimony.
The Schaeffers, who had been married for ... | [
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Per Curiam.
Plaintiff appeals as of right from an order of the trial court denying his motion to modify child support payments.
On June 15, 1979, a consent judgment of divorce was entered in Wayne County Circuit Court. In addition to other matters, the judgment provided that plaintiff pay $120 per week, per child, for ... | [
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Per Curiam.
On August 20, 1979, defendant was convicted by a jury of first-degree murder, contrary to MCL 750.316; MSA 28.548. On August 27, 1979, the trial court sentenced defendant to life imprisonment with credit for time previously served in the St. Clair County jail. Defendant appeals as of right, pursuant to GCR ... | [
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J. H. Gillis, J.
Defendant was convicted by a jury of uttering and publishing a forged instrument. MCL 750.249; MSA 28.446. He was sentenced to a one-year term of probation and directed to pay court costs of $2,500. Defendant appeals as of right.
On April 30, 1976, defendant purchased a .44- caliber handgun by presenti... | [
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Per Curiam.
On May 31, 1979, defendant pled guilty to one count of issuing a no-account check, MCL 750.131a; MSA 28.326(1), and one count of attempted false pretenses over $100, MCL 750.92, 750.218; MSA 28.287, 28.415. On July 23, 1979, defendant was sentenced to 40 months to five years imprisonment on the attempted fa... | [
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Per Curiam.
Defendant was charged with armed robbery, MCL 750.529; MSA 28.797. His plea of guilty as charged was accepted by the trial court. He was sentenced to a prison term of from 17 months to 120 months.
Defendant alleges on appeal that his plea was not voluntary because he was not informed that the Legislature ha... | [
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T. M. Burns, P.J.
Claimants, Gregory Ward, Sarah Ramsey and James Herman, were part of a group of Chrysler employees who were discharged in June of 1974, after they had participated in an illegal work stoppage at Chrysler’s Warren Truck Assembly Plant. Along with many other employees who were terminated, claimants file... | [
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Per Curiam.
Defendant was convicted by a jury in Monroe County Circuit Court of larceny from the person, MCL 750.357; MSA 28.589. Defendant was sentenced to 6-1/2 to 10 years imprisonment, with credit for 178 days already served. It is from this conviction and sentence that defendant now appeals as of right, pursuant t... | [
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R. B. Burns, J.
Defendant was convicted by a jury of one count of armed robbery, MCL 750.529; MSA 28.797. It was alleged during trial that defendant and two other persons, James Hudson and James Steven Townsend, robbed Ruby’s Truck Wash in Sawyer, Michigan, on July 26, 1977. Hudson testified for the prosecution. Defend... | [
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After Remand
Before: Danhof, C.J., and Cynar and Mackenzie, JJ.
Per Curiam.
The history of this case is documented in this Court’s original opinion in this matter, People v Hale, 99 Mich App 177; 297 NW2d 609 (1980). In remanding this case to the lower court, we directed the trial judge to hold an evidentiary hearing r... | [
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Beasley, J.
Appellants, six townships located in Washtenaw County, petitioned the Michigan Tax Tribunal for review of an equalization decision by the Washtenaw County Board of Commissioners for the year 1979. After the tribunal upheld the county equalization plan, the townships appealed as of right.
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... |
Per Curiam.
Defendant appeals as of right his October 4, 1979, jury conviction of armed robbery. MCL 750.529; MSA 28.797. On October 18, 1979, defendant was sentenced to a term of life imprisonment.
Defendant raises a number of issues in this appeal. He first argues that the lower court erred in refusing to permit him ... | [
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T. M. Burns, J.
Defendant comes before this Court on a delayed appeal and challenges a December 18, 1978, jury verdict convicting him of first-degree felony murder. MCL 750.316; MSA 28.548. On January 11, 1979, he was sentenced to a term of life imprisonment. We affirm defendant’s conviction.
In the early morning hours... | [
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Per Curiam.
The Bay County Probate Court entered an order reopening the estate of Edwin C. Miller, deceased, who had been a physician during his lifetime, and appointing a personal representative several years after the probate of his estate was completed. The order was entered pursuant to the petition of a former pati... | [
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N. J. Kaufman, J.
This is an appeal from a judgment in a medical malpractice case. The plaintiff in the instant action, Joan Sponenburgh, guardian of Brian Sponenburgh, a mentally incompetent person, claims that her son, Brian, suffered total and permanent brain damage as a result of the negligence of Wayne County Gene... | [
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9... |
Per Curiam.
Plaintiff, Betty J. Matts, administratrix of the estate of her deceased son, Ronald Matts, filed a medical malpractice complaint against R. K. Homsi, M.D., P.C., and R. K. Homsi, M.D., individually (hereinafter collectively referred to as defendant). The essential allegation of plaintiff’s complaint was tha... | [
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... |
Per Curiam.
Defendant pled guilty to conspiracy to commit the crime of breaking and entering a building with the intent to commit larceny therein, MCL 750.110; MSA 28.305 and MCL 750.157a; MSA 28.354(1). Defendant’s sentence was deferred in order to give defendant the opportunity to demonstrate that he was worthy of a ... | [
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Beasley, J.
Plaintiff, Kathleen Varney, started a paternity suit against defendant, George W. Young, on October 17, .1978. In her case, plaintiff claimed that a child, Tabitha A. Loubert, was born on November 2, 1972, and is the child of plaintiff and defendant. Pursuant to a stipulation between plaintiff, who was repr... | [
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... |
Per Curiam.
The question on appeal is whether the trial court erred in denying plaintiff Golonka’s motion for summary judgment, the practical effect of which was to deny her request for a writ of mandamus which would have compelled the Michi gan Department of Education to certify her as a teacher consultant.
Plaintiff ... | [
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Per Curiam.
Intervening defendant, Modern Merchandising, Inc., appeals by leave granted from an order denying its motion for accelerated judgment pursuant to GCR 1963, 116.1 in which it alleged that plaintiffs lacked standing to pursue their lawsuit.
The Norton Shores City Council approved a public economic development... | [
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C. L. Horn, J.
On October 13, 1973, Bryan Beard, age 13, and David Scott Buhler, age 14, entered a Michigan National Guard firing range and found a 40-millimeter grenade. Bryan threw the grenade at a cement abutment on the range, but it did not explode. The boys picked up the grenade and took it back to their campsite ... | [
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M. J. Kelly, J.
Plaintiffs appeal as of right from a decision of the lower court granting the defendant’s motion for summary judgment, pursuant to GCR 1963, 117.2(1), on the ground that the complaint failed to state a cause of action as a matter of law.
At the time the incident leading to this cause of action arose, pl... | [
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Per Curiam.
Defendant appeals as of right his jury conviction of first-degree felony murder. MCL 750.316; MSA 28.548. This action arose out of an incident where it was alleged that defendant murdered one Clinton Lockhart during the commission of an armed robbery. Defendant was originally tried and convicted on this cha... | [
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Per Curiam.
Plaintiff appeals from a circuit court order granting defendant’s motion for summary judgment.
Plaintiff is the owner of Fashion Square Mall, located in Saginaw Township. Defendant entered into a 15-year-lease agreement for the operation of a Big Boy Restaurant inside the mall. A base rental was to be paid ... | [
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... |
Per Curiam.
Plaintiff-appellant, Terrance O’Keefe (hereinafter "O’Keefe”) appeals from a trial court’s grant of accelerated judgment, GCR 1963, 116, in favor of defendant-appellee, Clark Equipment Company, based upon the running of the statute of limitations.
On July 19, 1976, O’Keefe’s hand was injured when a defectiv... | [
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Allen, J.
On January 2, 1980, Oakland County Circuit Judge Gilbert issued an order granting plaintiffs’ motion for summary judgment. The order precluded defendants’ recovery of interest on a mortgage note made by plaintiffs, denied defendants’ motion to amend their answer, denied defendants’ motion to file a countercla... | [
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M. J. Kelly, J.
This case presents a first impression question in Michigan; that is, where an injury occurs in the course of employment to one alleged to be an employee of the United States Government under the Federal Comprehensive Employment and Training Act, is a dual employment question of fact presented which prec... | [
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Brickley, J.
In this case, we are asked whether the fireman’s rule adopted in Kreski v Modern Wholesale Electric Supply Co, 429 Mich 347; 415 NW2d 178 (1987), applies to bar a suit brought by a police officer injured following a high speed chase. Because we believe that it does, we reverse the decision of the Court of ... | [
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