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.

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.

The Court of Appeals reversed the Trial Court’s order terminating Respondent-Mother’s parental rights pursuant to MCL 712A.2(b)(1) and (2). DHHS failed to plead aggravated circumstances, and also failed to provide facts supporting their request for termination at initial disposition.

The Court of Appeals partially affirmed and partially reversed the Trial Court's decision, ruling that Kent County Circuit Court lacked jurisdiction over the child custody matters, while Ottawa County Circuit Court erred in denying a motion to quash without considering alternative arguments related to continuing jurisdiction.

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.

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.

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.

Court of Appeals conflict panel holds that a stipulated final order does not require reservation of appellate rights language in order to review interlocutory order. Dramshop Act does not bar claims for negligence related to hiring, training and supervision of employee unrelated to actions of intoxicated patron.

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.

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.

The Trial Court’s best interest analysis in terminating Respondent-Father’s parental rights was “erroneously incomplete” due to the Trial Court’s failure to consider CJM’s placement with a “relative” as defined by MCL 712A.13a(1)(j) during the best interest determination.

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.

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.

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.

When a mother seeks to revoke an acknowledgment of parentage based on MCL 722.1445 – due to the child having been conceived by nonconsensual sexual penetration – the three-year limitation period contained in MCL 722.1437 does not apply, nor does the best interest analysis under MCL 722.1443(4) or (13). The case is remanded to the trial court to hold an evidentiary hearing so that it can make the appropriate fact findings under MCL 722.1445 by clear and convincing evidence.

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.