‘Good Cause’ Not Established To Set Aside Default Judgment Of Divorce
The trial court properly entered a default judgment of divorce in this case because the defendant failed to show “good cause” for setting aside the default, the Michigan Court of Appeals has ruled.
Probate Court Did Not Follow Statute When Removing Husband As Guardian
The probate court failed to abide by the requirements in the Estates and Protected Individuals Code (EPIC) when it removed a husband as the guardian of his incapacitated wife, the Michigan Court of Appeals has ruled.
‘Franchise Fee’ Imposed By City And Utility Company An Illegal Tax On Residents
A utility company’s “franchise fee” was an “unauthorized tax” that violated the Michigan Constitution and, as a result, the utility company could not collect the fee from its customers and then remit the collected fees to the City of East Lansing, the Michigan Supreme Court has ruled.
Threshold Questions Not Addressed, Custody Case Wrongly Referred To FOC
The trial court erroneously referred this custody case to the Friend of the Court without first determining whether there was proper cause or a change in circumstances that necessitated a review of custody and parenting time, the Michigan Court of Appeals has ruled.
Order Granting Vexatious Appeal Sanctions Remanded, Appeals Court Instructed To Provide Reasoning
The Michigan Supreme Court has remanded a probate dispute to the Court of Appeals, ordering the three-judge appellate panel to explain why it awarded a party vexatious appeal sanctions under the Michigan Court Rules.
Chief Justice: ‘In re White’ And Individualized Best-Interest Analyses Needs Reconsidered
The Michigan Supreme Court has vacated part of the Michigan Court of Appeals ruling in In re JMG/JGG/JMG, Minors, remanding the termination of parental rights case and ordering the trial court to “make an individualized best-interests determination as to each child.”
Appeals Court: Social Workers Who Abuse Are Not Mandated To Report The Incidents
The Michigan Court of Appeals has ruled that requiring a social worker who abuses a child to report that abuse under the Child Protection Law violates the social worker’s right against self-incrimination.
MSU Not Obligated To Refund Tuition And Fees For Its COVID-19 Response
The trial court properly dismissed the plaintiffs’ contractual claims against Michigan State University over the school’s response to the COVID-19 pandemic in the spring of 2020, the Michigan Court of Appeals has ruled.
‘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.
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.
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.
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.