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.
Court Rejects Mom’s ‘Less Restrictive Means’ Argument In Custody Appeal
Trial court properly denied the plaintiff-mother’s objections to the FOC referee’s recommendation that sole legal and physical custody be awarded to the defendant-father.
MSC Denies Appeal In Termination Of Parental Rights Case
The Michigan Supreme Court will not hear the appeal in a termination of parental rights case.
After Divorce, Ex-Husband Gets Frozen Embryo
The trial court properly awarded the divorced parties’ one remaining frozen embryo to the ex-husband, a split Michigan Court of Appeals has ruled.
Trial Court Did Not Determine ‘Reasonableness’ Of Requested Attorney Fees
An attorney fee award in this divorce action must be vacated, the Michigan Court of Appeals has ruled, because the trial court did not make a finding as to whether the requested fee was reasonable.
The Trial Court Properly Declined to Authorize DHHS’s Petition to Terminate Parental Rights
DHHS’s petition to terminate parental rights was declined because the petition did not establish probable cause that the father posed a substantial risk of harm to the children’s mental well-being.
Adult Sibling May File Child-Protective Petition Against Parents
An adult sibling has standing to initiate child-protective proceedings against his parents over the care of his minor sister.
COA Adopts ‘Blended’ Approach In Frozen Embryo Cases
In this divorce case, the COA adopted a new legal framework that “blends” the “contractual approach” and the “balancing approach” to determine the disposition of a frozen embryo.
MSC Asks: Was Expert Mistakenly Required In Reasonable Accommodation Case?
The Michigan Supreme Court is currently considering a case involving the denial of a residential tenant’s request for a “reasonable accommodation”.
PPO Request Wrongly Denied Based On Res Judicata
A trial court erred by denying the petitioner’s request for a personal protection order (PPO) based on the prior denial of a similar PPO request by the petitioner.
Law Firm Is Jointly & Severally Liable For Attorney Fee Sanctions
The trial court also held the defendant’s former legal counsel, the law firm of Neda, Camaj & Fakhouri, PC, jointly and severally liable for the fees. The law firm appealed the ruling.
Attorney Was In Criminal Contempt For Taping Proceedings Without Judge’s OK
A Bingham Farms attorney was properly held in criminal contempt for taping trial court proceedings without first obtaining the judge’s permission.
Trial Court Must Give Reason For Awarding Only Portion Of Requested Attorney Fees
A trial court abused its discretion by not articulating a reason for awarding only a portion of the attorney fees that appointed appellate counsel had requested.
Defendant Was Confused About Plea Deal, Motion To Withdraw Improperly Denied
The Court of Appeals explained it is “axiomatic” that there be an “actual agreement on the essential features of the plea” for a plea agreement to be valid.
Elderly Woman Not Mentally Deficient: Conservator Wrongly Appointed
A probate court should not have appointed a conservator for a 74-year-old woman who suffered some minor memory problems and math difficulties.
Adult Children’s Guardianship & Conservatorship Petition Improperly Rejected
A guardianship and conservatorship petition filed by the adult children of a protected individual shouldn’t have been disqualified based on speculation that they were “too young”.