Michigan Supreme Court Will Examine ‘Surviving Spouse’ Decision
The COA ruled the Marquette County Probate Court erroneously found that Anne Jones-Von Greiff did not qualify as the surviving spouse of Hermann Von Greiff for inheritance purposes.
Trial Court Wrongly Denied Petitioner’s Registry Removal Request
The petitioner’s name should be expunged from the Michigan Child Abuse Neglect Central Registry because the trial court erred in applying MCL 24.287.
Plaintiff’s Appeal Limited To Denial Of Attorney Fees
The plaintiff’s appeal is limited to that portion of the trial court’s order denying her request for attorney fees as a sanction, the Michigan Court of Appeals has ruled.
MSC: Attorney Fee-Split Requires Professional Relationship With Person Referred
A referring attorney must have an attorney-client relationship with the individual being referred in order for a fee-splitting agreement to be valid.
Trial Court Must Explain Why Appellate Attorney’s Fees Are Unreasonable
A trial court abused its discretion when it held that a court-appointed lawyer’s appellate fees were excessive and unreasonable, the Michigan Court of Appeals has ruled.
Mom Cannot Be Faulted For Failing To Complete ‘Nonexistent’ Case Treatment Plan
An order terminating a mother’s parental rights must be reversed because no case treatment plan existed and she “could not be faulted for failing to complete a nonexistent treatment plan”.
Michigan Court Of Appeals Adopts New Expert Witness Disqualification Rule
The Michigan Court of Appeals has established a new standard for when an expert witness may be disqualified for an alleged conflict of interest.
Federal Appeals Court Keeps - And Strikes - Parts Of Indian Child Welfare Act
The 5th U.S. Circuit Court of Appeals has upheld the constitutionality of the Indian Child Welfare Act, while at the same time finding that certain provisions of the Act should be stricken.
Criminal Contempt Appropriate For Neighbor’s PPO Violation
The trial court properly held the respondent in criminal contempt for violating a non-domestic personal protection order (PPO), the Michigan Court of Appeals has ruled.
Michigan Election Bureau’s Appeal Dismissed As ‘Moot’
The Michigan Court of Appeals has dismissed an appeal by the Michigan Bureau of Elections based on the “mootness doctrine”.
Michigan’s Criminal Court Costs Statute Declared Constitutional
The statute that permits Michigan trial courts to impose court costs on convicted criminal defendants is not unconstitutional on its face, the Michigan Court of Appeals has ruled.
High Court Overturns Termination Of Dad’s Parental Rights, Finds No “Educational Neglect”
The Michigan Supreme Court has ruled that the trial court improperly took jurisdiction of children & placed them in foster care because there was insufficient evidence of “educational neglect”.
Appeals Court: Petition To Change Legal Name Was Wrongly Denied
The trial court improperly denied the petitioner’s request to change his legal name based on his criminal record.
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.
COA Reversed Termination of Mom’s Parental Rights After Trial Court Took Jurisdiction Over Minor Child
The Court stated that the trial court erred when it found by clear and convincing evidence that termination of parental rights to the minor child was proper.
Trial Court Properly Gave Interim Effect To Referee’s Order Changing Custody
A trial court is not prohibited by the court rules from giving interim effect to a referee’s recommended order that changes custody pending a judicial hearing on an objection to the recommendation.