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 Court Plainly Erred By Not Informing Respondent-Mother Of Her Appellate Rights Following Removal Of Children
The Trial Court plainly erred when it found that Respondent-Mother was not entitled to reasonable efforts to reunify Respondent-Mother with her minor children and when it failed to inform Respondent-Mother of her appellate rights following the Trial Court’s removal of the children from Respondent-Mother’s care.
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.
Court of Appeals Finds Trial Court Violated Respondent-Husband’s Constitutional Rights
After granting an ex parte PPO, the trial court denied Respondent an opportunity to present evidence in support of his motion to terminate the PPO. The Court of Appeals reversed and remanded for further proceedings.
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.
Trial Court Did Not Err By Granting Appellee’s Petition For Sole Guardianship
The Trial Court did not err when it granted the Appellee’s petition to be sole guardian of the ward in question, AMMB, despite the Appellant’s multiple challenges to the order in question.
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.
Court Of Claims: Candidate Johnsen Must Be On Ballot
Kent County Circuit Court candidate Jennifer Johnsen was wrongly kept off the Michigan primary ballot by the Board of State Canvassers, according to the Michigan Court of Claims.
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.
Court of Appeals Holds That An Award Of Attorney Fees Is Not Permissible In Domestic PPO Actions
The trial court erred in awarding Petitioner attorney fees associated with Respondent’s PPO violation. The Court of Appeals reversed and remanded.
COA Reverses And Remands Trial Court Order Terminating Respondent-Mother’s Parental Rights
The COA reversed and remanded a trial court order that terminated mother's parental rights due to two-year child support order compliance period. The COA also affirmed the trial court’s determination that the petitioners had proven MCL 712A.19(3)(f)(ii) by clear and convincing evidence.
COA Affirms Trust Settlement Agreement Terms Were Both Unambiguous and Not Breached
The trial court did not err in determining the terms of the settlement agreement as unambiguous and not breached, leading to the Court of Appeals to affirm the decision.
U.S. Supreme Court Upholds Law Disarming Persons Subject To Domestic Violence Restraining Orders
An individual may be “temporarily disarmed consistent with the Second Amendment” when a court determines that he or she poses “a credible threat to the physical safety of another.”