Michigan COA Finds Failure to Release Notice of Lis Pendens Following Dismissal of Claims Warrants a Finding of Malice
The Court of Appeals concluded that failure to release a notice of lis pendens following dismissal of claims upon which alleged interest was premised warranted a finding of malice, even if the initial filing was not malicious or false.
‘Flawed’ Trial Court Analysis Mandates Reversal Of Parental Rights Termination Order
An order terminating the respondent-mother’s parental rights at the initial dispositional hearing must be reversed because the trial court’s analysis was “flawed,” the Michigan Court of Appeals has ruled.
Attorney Fee Award Nixed Because DHHS Claim Takes Precedence
A probate court’s order awarding an attorney his fees from a decedent’s estate must be reversed because the Department of Health and Human Services’ claim for fees under the Michigan Medicaid Estate Recovery Program has higher priority.
Michigan Supreme Court Rules Attorney Fees Incurred To Correct Legal Malpractice Are Recoverable
The Michigan Supreme Court ruled that attorney fees incurred to correct or limit damages caused by legal malpractice are recoverable in a malpractice action, even without allegations of fraudulent or malicious conduct.
Court of Appeals Reversed Parental Rights Termination After DHHS Failed to Prove Reunification Efforts and Notice Requirements
The Court of Appeals reversed the Trial Court’s order terminating Respondent-Mother’s parental rights pursuant to MCL 712A.2(b)(1) and (2). DHHS failed to plead aggravated circumstances, and also failed to provide facts supporting their request for termination at initial disposition.
Appeals Court Clarified Jurisdictional Limits in Kent and Ottawa County Child Custody Case
The Court of Appeals partially affirmed and partially reversed the Trial Court's decision, ruling that Kent County Circuit Court lacked jurisdiction over the child custody matters, while Ottawa County Circuit Court erred in denying a motion to quash without considering alternative arguments related to continuing jurisdiction.
Due Process ‘Lacking’: Motion To Terminate PPO Wrongly Denied
The trial court erred in denying the respondent’s motion to terminate a personal protection order (PPO) that was issued against him because the court proceedings “lacked the due process needed for continuation of the PPO,” the Michigan Court of Appeals has ruled.
Trial Court Improperly Denied Attorney’s ‘Full Fee Request’
A trial court erred in denying a court-appointed attorney’s “full fee request” without first making findings as to the reasonableness of the attorney fees, the Michigan Court of Appeals has ruled.
Unauthorized Practice Of Law Triggers Dismissal Of Plaintiffs’ Legal Malpractice Claim
The trial court properly dismissed the plaintiffs’ legal malpractice claim against the defendant and his law firm because one of the plaintiffs repeatedly engaged in the unauthorized practice of law, the Michigan Court of Appeals has ruled.
Court Of Appeals Conflict Panel: Stipulated Final Order Not Required To Reserve Appellate Rights; Dramshop Act Does Not Bar Claims Based On Conduct Unrelated To Intoxication
Court of Appeals conflict panel holds that a stipulated final order does not require reservation of appellate rights language in order to review interlocutory order. Dramshop Act does not bar claims for negligence related to hiring, training and supervision of employee unrelated to actions of intoxicated patron.
Mental Health Code Notice Provision Inapplicable To ‘Initial’ Evaluation Process
The Michigan Court of Appeals has ruled that the notice requirement in the Mental Health Code – specifically MCL 330.1453(1) – does not apply to the initial process of obtaining mental health evaluations.
100-Mile Rule ‘Procedural Misstep’ Requires Remand, Re-Evaluation
In denying a divorced mother’s request for a change of domicile for herself and the parties’ children, the trial court made a “procedural misstep” by not properly addressing the 100-mile rule.
COA Vacates Trial Court Order Terminating Father's Parental Rights; Remands Case Citing Failure To Consider Child's Placement With Fictive Kin
The Trial Court’s best interest analysis in terminating Respondent-Father’s parental rights was “erroneously incomplete” due to the Trial Court’s failure to consider CJM’s placement with a “relative” as defined by MCL 712A.13a(1)(j) during the best interest determination.
Child-Protective Case Remanded For ‘Appropriate Findings Of Fact’ & Missing ‘Jurisdictional Analysis’
The trial court in this child-protective proceeding did not “articulate an adequate basis or make sufficient factual findings to justify its denial of jurisdiction” over the minor child, the Michigan Court of Appeals has ruled.
Probate Court Properly Changed Trust To Direct That Proceeds Go To Estate
In this dispute over trust proceeds, the probate court correctly altered the decedent’s “special needs trust” to direct that the proceeds go to the decedent’s estate rather than to the trust’s residuary beneficiary, the Michigan Court of Appeals has ruled.
Divorce Judgment Challenge Properly Dismissed For Lack Of Jurisdiction
In this suit contesting the validity of a divorce judgment, the trial court correctly held that it did not have subject-matter jurisdiction and, as a result, properly granted the defendant’s motion for summary disposition, the Michigan Court of Appeals has ruled.