Brian K. Zahra

• 1300 Lafayette East Cooperative, Inc v. Savoy

  Michigan Court of Appeals · 2009-06-18 · cited 93×

  This case involved a cooperative's lawsuit against a unit occupant for unpaid rent under an occupancy agreement, following prior summary eviction proceedings in district court. The circuit court granted summary disposition to the defendant, ruling that the prior district court proceedings resolved the issues and barred the circuit court action. The Court of Appeals reversed that decision, holding that the district court's summary eviction proceedings did not preclude a separate circuit court action for money damages because no claim for damages had been asserted in the earlier case. The court affirmed the denial of sanctions against the plaintiff, finding that the action was not frivolous as it had arguable legal merit regarding claim preclusion.

  propertyprocedure

  Read the full opinion inline ▾ (3,502 words)

• Canjar v. Cole

  Michigan Court of Appeals · 2009-05-14 · cited 32×

  This case was a quiet title action in which plaintiff sought to acquire a triangular parcel of land abutting his property through adverse possession after years of maintaining, using, and treating it as his own. The trial court found that plaintiff satisfied all elements of adverse possession but ruled against him because his former wife, who had owned the main property with him as tenants by the entirety, lacked hostile intent during the statutory period. The Court of Appeals reversed, holding that a spouse may individually satisfy the requirements for adverse possession of additional land without regard to the nonparty spouse's intent, as the joint-action rules for entirety property do not extend to acquiring property outside its boundaries. The court therefore directed entry of judgment quieting title in plaintiff.

  property

  Read the full opinion inline ▾ (3,706 words)

• People v. Harrison

  Michigan Court of Appeals · 2009-04-14 · cited 103×

  This case involved defendant Harrison's jury trial convictions for possession of counterfeit bank bills, possession of counterfeiting tools, and two counts of using a computer to commit a crime, based on evidence that he used a scanner, computer, and printer to produce fake $20 and $100 bills. The Michigan Court of Appeals affirmed the convictions after reviewing the sufficiency of the evidence de novo and construing the relevant statutes. The court held that MCL 750.255, which prohibits adapting a tool to make counterfeit bills, includes computers within its meaning, and found that the evidence, including digital images on the defendant's computer and witness testimony about his statements and actions, proved the elements of the crimes beyond a reasonable doubt when viewed in the light most favorable to the prosecution. The defendant's claimed intent to use the bills only to catch a thief was deemed irrelevant to the sufficiency analysis, as the evidence showed his plan involved introducing the counterfeit bills into circulation.

  criminal law

  Read the full opinion inline ▾ (2,415 words)

• Teal v. Prasad

  Michigan Court of Appeals · 2009-04-14 · cited 54×

  The case involved a medical malpractice lawsuit by Carol Teal, as personal representative of Dennis Teal's estate, against several physicians, a medical group, and a hospital after Teal committed suicide shortly following his discharge from psychiatric care. The plaintiff alleged that the defendants failed to properly diagnose and treat Teal's depression and alcohol abuse, discharged him prematurely, and provided inadequate follow-up plans, causing his death. The trial court granted summary disposition to the defendants on the ground that causation was not established, and the appellate court affirmed, concluding that the plaintiff's expert testimony did not demonstrate that the defendants' actions were the cause in fact of the suicide.

  torts & liabilityhealthcare

  Read the full opinion inline ▾ (3,057 words)

Affiliations