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.
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.