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First make sure you file an Answer to the lawsuit within 21 days of being personally served. If you fail to answer on time, you will be defaulted and a judgment in the full amount can be entered against you. If the lawsuit amount is more than $25,000, than it is in the Jackson County Circuit Court. If it is less than $25,000, then it is in the Jackson District Court.
Then your lawsuit can be handled in the Jackson District Court Small Claims Division. These cases are usually handled by a magistrate rather than a judge. Only the parities to the lawsuit can appear for small claims. Attorneys are not allowed in small claims court cases and the case would have to be removed to district court.
When two or more parties have an agreement for the performance of services or the purchase of goods or property, and a party fails to do what they agreed. An agreement concerning real estate must be in writing. If you have a breach of contract situation, call us today for a free phone consultation.
Michigan requires that every vehicle be insured. Since it is a no fault insurance state, the vehicle repairs and uncovered medical expenses are paid by the insurance covering each vehicle. However, if you do not have insurance, you can be sued by the other driver's insurance company for the costs associated with the accident.
A tenant can be evicted for non-payment of rent or for breaching a condition of the lease agreement. In addition, if it is a month-to-month lease, then the tenant can be evicted after being given 30 days notice. If you evict a tenant, make sure you provide an accounting of any off-sets against the security deposit and mail it to the tenant.
The standard of review on appeal is determined by whether a particular issue is a question of law or a question of fact. “Questions of law are reviewed de novo on appeal.” Brucker v McKinlay Transp, 225 Mich App 442 (1997). The proper interpretation of a contract is a question of law that is reviewed de novo on appeal. Phillips v Homer (In re Egbert R Smith Tr), 480 Mich 19 (2008). “[F]actual findings are reviewed under the ‘clearly erroneous’ standard of review.” Brucker, 225 Mich App at 448.
The initial question of whether a contract is ambiguous is a question of law. DaimlerChrysler Corp v Wesco Distribution, the initial question of whether a contract is ambiguous is a question of law. DaimlerChrysler Corp v Wesco Distribution, 281 Mch App 240 (2008). Thus, the initial question of whether a given contract is ambiguous is always subject to de novo review. See also DaimlerChrysler Corp (whether contract is ambiguous is question of law for court to decide). The de novo standard of review applies when the contract terms are unambiguous. Prentis Family Found, Inc v Barbara Ann Karmanos Cancer Inst, 266 Mich App 39 (2005).
On the other hand, the clearly erroneous standard may be applied if the contractual language is ambiguous or incomplete or if the circumstances are unusual. Zinchook v Turkewycz, 128 Mich App 513 (1983). Situations involving extrinsic, nondocumentary evidence are reviewed under the clearly erroneous standard. Brown v Forrester Constr Co, 372 Mich 204 (1963).
Meagher v Wayne State Univ, 222 Mich App 700 (1997),
Reviewing grant of directed verdict, appellate court considers decision de novo and must consider evidence in light most favorable to nonmoving party and make all reasonable inferences in that party’s favor. Directed verdict is appropriate only where no factual question exists on which reasonable minds could differ.
Stoken v JET Elecs & Tech, Inc, 174 Mich App 457 (1988),
In deciding whether trial court erred in granting or denying directed verdict, appellate court reviews all evidence presented to determine whether question of fact existed.
In doing so, appellate court views evidence in light most favorable to nonmoving party, granting it every reasonable inference and resolving any conflict in evidence in nonmoving party’s favor.
Farrell v Automobile Club of Mich, 155 Mich App 378 (1986),
When reviewing trial court’s refusal to grant defendant’s motion for directed verdict or judgment notwithstanding verdict, court of appeals examines evidence and all legitimate inferences that may be drawn from evidence in light most favorable to plaintiff. If evidence, viewed in this manner, would permit reasonable jury to reach different conclusions, motion should be denied by trial court since neither trial court nor court of appeals may substitute its judgment for that of jury.
Here, evidence sufficiently established that reasonable minds could have reached different conclusions regarding whether plaintiff’s dismissal violated provision in his employment contract, and defendant’s motion for directed verdict was properly denied.
People v Martin, 150 Mich App 630 (1986).
When reviewing denial of motion for directed verdict of acquittal, appellate court must view evidence presented at trial in light most favorable to prosecution and determine whether rational trier of fact could have found that essential elements of crime were proven beyond reasonable doubt.
McClaine v Alger, 150 Mich App 306 (1986), In reviewing grant of motion for directed verdict in favor of defendant, court of appeals must view testimony and all legitimate inferences arising from evidence in light most favorable to plaintiff.
When evidence, viewed in this manner, establishes prima facie case, grant of directed verdict must be reversed. Party moving for directed verdict must state specific grounds on which motion is based, and appellate court may not review grounds for sustaining directed verdict that were not first articulated before trial court.
If you would like information about filing a motion to set aside a default judgment, click below.
If you would like information about filing a motion to quash a subpoena, click below.
If you would like information about filing a motion to disqualify a biased judge, click below.
If you would like information about filing a motion to strike a pleading, click below.
If you would like information about filing a motion for a directed verdict, click below.
If you would like information about filing an appeal of a zoning ordinance decision, click below.
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If you would like information about the parol evidence rule for a breach of contract dispute, click below.
If you would like information about business torts in the State of Michigan, click below.
If you would like information about business-employee non-compete contracts, click below.
If you would like information about business/civil litigation statute of limitations, click below.
If you would like information about the standard for breach of fiduciary duty, click below.
If you need information on a case that was already filed.
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Click here for a list of the Jackson County Circuit Court judges with phone numbers and assigned court rooms.
Click here for forms from the State of Michigan Court Administrator's Office.
Click here for the State of Michigan Model Civil Jury Instructions.
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