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.”
Michigan Supreme Court Raises Questions For Supplemental Briefing In Termination Of Parental Rights Case
Previously, the Court of Appeals found plain error after the Trial Court held that Respondent-Mother was not entitled to reasonable efforts to reunify her with her children and when it failed to inform Respondent-Mother of her right to appeal the Trial Court’s removal of the children from her care.
Appeals Court: No ‘Fees For Fees’ Award In FOIA Case
A trial court properly refused to award the plaintiff in this Freedom of Information Act (FOIA) case attorney fees that were incurred after the defendant’s disclosure of the requested information but incurred as a result of seeking fees related to that disclosure – otherwise known as “fees for fees,” the Michigan Court of Appeals has ruled
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.
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.
Custody, Parenting-Time Case Remanded Yet Again For Various Errors
This custody and parenting-time case must be remanded because the trial court once again committed various errors in making its decisions.
Michigan Supreme Court Finds DHHS Did Not Make Reasonable Efforts at Reunification
The Michigan Supreme Court determined that DHHS “has an affirmative duty to make reasonable efforts to reunify a family before seeking termination of parental rights.”
Case Vacated & Remanded Due to Premature Determination of Whether a Genuine Issue of Material Fact Remained
A guardian of an incapacitated individual must execute a power of attorney to delegate to employees the authority to make final decision to exercise a guardianship “power”.
Justices Order Appointment Of Appellate Counsel In Termination Case
The MI Supreme Court has ordered the Ingham County Circuit Court to appoint appellate counsel for the respondents in a termination of parental rights case.
Appeals Court: Ingham County Violated Michigan Takings Clause
Summary disposition wrongly granted to defendants, Ingham County and its treasurer, on the claim that an unconstitutional taking of property occurred.
Termination Of Mom’s Parental Rights Was In Children’s Best Interests
The trial court properly terminated the respondent-mother’s parental rights because termination was in the children’s best interests.
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.
Attorney Referral Fee Case Was ‘Prematurely’ Dismissed
Summary disposition was prematurely granted to the defendant in this dispute over attorney referral fees because discovery “had not begun in earnest”.
High Court Issues Procedural Ruling In FOIA Case
A cross-appeal was unnecessary in this FOIA case in order for the defendant-city to suggest an alternative ground for affirming the lower court’s decision.