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Posted: Dec 28, 2016, 11:20 AM
MCL 765.28(1) and MCR 3.604(I)(2) do not conflict. The statute (MCL 765.28 (1)) is the procedure for providing a surety notice of default. The court rule (MCR 3.604(I)(2), however, is the procedure to provide notice of hearing on a motion for a judgment. “These are two separate and distinct events. A default must be entered prior to a hearing to enter judgment on the default.”
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Posted: Dec 19, 2016, 10:00 AM
If you’re curious about frivolous defenses and vexatious appeals, the case of Miller v Blue CrossBlue Shield Michigan, No: 326300, unpublished, is worth a read.
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Posted: Dec 14, 2016, 3:10 PM
The probate Court can admit an unsigned will to probate if the proponent of the will establishes, by clear and convincing evidence, that the decedent intended the document to be his or her will. The Michigan Court of Appeals (MCOA) reached this decision in a published opinion (In re Estate of Sabry Mohamed Attia).
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Posted: Dec 9, 2016, 10:10 AM
The Trial Court’s scoring of sentencing Offense Variable (OV) 9 (MCL 777.39), which concerns the number of victims, was upheld by the Michigan Court of Appeals. In People v Ambrose, 317 Mich App 556, (2016) Docket 327877, the COA, affirming the lower court sentence, ruled that “without declaring the fetus in this case to be a “person” under the law, we conclude the trial court did not err in counting the fetus as a “victim” for purposes of scoring OV 9.”
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Posted: Dec 2, 2016, 11:00 AM
In In re GRD (Docket No. 333131), the Court of Appeals addressed whether the rule of In re Mason, 486 Mich 142; 782 NW2d 747 (2010)—that a parent’s rights may not be terminated solely on the basis of parental incarceration in a Juvenile Code case—also applied to an Adoption Code case.
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