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.
Trial Court Correctly Disallowed Postjudgment Motion To Revoke Paternity
The trial court properly denied the plaintiff’s postjudgment motion to revoke paternity under the Revocation of Paternity Act (ROPA), the Michigan Court of Appeals has ruled.
Mother’s Waiver Correctly Enforced In Later Removal Hearings
The trial court in this child removal case properly accepted the respondent-mother’s waiver of a probable cause hearing and did not err by enforcing that waiver in subsequent proceedings, the Michigan Court of Appeals has ruled.
Evidentiary Hearing Should’ve Been Held In Custody Modification Case
The trial court in this custody matter improperly refused to hold an evidentiary hearing on the plaintiff-mother’s request to modify custody and parenting time, the Michigan Court of Appeals has ruled.
Probate Court Properly Exercised Jurisdiction In Mental Health Code Case
The probate court in this Mental Health Code case properly ordered the respondent to undergo a combined program of hospitalization and outpatient services, the Michigan Court of Appeals has ruled, finding that the probate court had subject-matter jurisdiction over the matter.
Successor Trustee Did Not Breach Terms Of Settlement Agreement
The Michigan COA has ruled the trial court in this probate action correctly held that the terms of a trust settlement agreement were unambiguous and were not breached by the sole successor trustee.
Teacher ‘Voluntarily’ Resigned: Constructive Discharge Claim Properly Dismissed
The trial court properly dismissed the plaintiff-teacher’s constructive discharge claim against the defendant-school district and its human resources director because the teacher’s resignation was “voluntary,” the Michigan Court of Appeals has ruled.
Trial Judge Who Properly Refused To Hear Criminal Defense Expert’s Testimony Will Not Preside Over Case On Remand
In this ineffective assistance of counsel claim, the trial court correctly refused to allow the testimony of the defendant’s proposed expert on criminal defense practice, the Michigan Court of Appeals has ruled.
Mom Convicted Of Shaking Infant To Death Gets New Trial
The Michigan Supreme Court decided the trial court wrongly held that expert testimony on shaken baby syndrome (SBS) was inadmissible under the rules of evidence and, as a result, the defendant is entitled to a new trial.
‘Domicile Provision’ Invalid, Best Interests Of Children Must Be Considered
The Michigan COA ruled, in this custody case, the trial court correctly invalidated the "domicile provision" in the parties' consent judgment of divorce and found that the best interests of the children must be considered before letting the defendant move out-of-state.
Former Same-Sex Partner Does Not Have Standing To Bring Custody Action
The trial court in this equitable-parent doctrine case correctly ruled the plaintiff did not establish, by a preponderance of the evidence, that she and the defendant would have married but for the then-existing ban on same-sex marriage, the Michigan COA decided.
COA: ‘Byzantine’ Filing Requirements Make Judicial Races Akin To ‘Hunger Games’
In Neilson v Board of State Canvassers, the Michigan Court of Appeals held that the plaintiff was not entitled to a writ of mandamus compelling the Board of State Canvassers to certify her as a judicial candidate on the election ballot.
Trial Court Correctly Extended PPO On Its Own Motion
The trial court properly extended – on its own motion – the duration of a personal protection order (PPO) after finding the respondent guilty of criminal contempt for violating the PPO, the Michigan Court of Appeals has ruled.
Parent Cannot Challenge The Effectiveness Of Child’s Attorney
The father in this termination of parental rights case did not have standing to claim that his child’s attorney provided ineffective assistance of counsel.