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Family Law Appeals
Civil Appeals
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Michigan COA Finds Failure to Release Notice of Lis Pendens Following Dismissal of Claims Warrants a Finding of Malice
Speaker Law Firm 1/15/25 Speaker Law Firm 1/15/25

Michigan COA Finds Failure to Release Notice of Lis Pendens Following Dismissal of Claims Warrants a Finding of Malice

The Court of Appeals concluded that failure to release a notice of lis pendens following dismissal of claims upon which alleged interest was premised warranted a finding of malice, even if the initial filing was not malicious or false.

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Health Insurance for a Child Constitutes Support, Trial Court Erred in Analysis of Support Ability
Speaker Law Firm 6/14/24 Speaker Law Firm 6/14/24

Health Insurance for a Child Constitutes Support, Trial Court Erred in Analysis of Support Ability

The trial court erred by not conducting an analysis of the parent’s “ability to support” when determining whether such support was “substantial.”

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Mother’s Marijuana Use ‘Overemphasized, ’Parental Rights Reinstated
Speaker Law Firm 11/1/23 Speaker Law Firm 11/1/23

Mother’s Marijuana Use ‘Overemphasized, ’Parental Rights Reinstated

Termination of a mother’s parental rights overruled by Michigan COA, due to trial court overemphasizing the mother’s use of marijuana.

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Social Worker’s Disciplinary Action Not ‘Pivotal’ To Termination Of Father’s Parental Rights
Speaker Law Firm 10/4/23 Speaker Law Firm 10/4/23

Social Worker’s Disciplinary Action Not ‘Pivotal’ To Termination Of Father’s Parental Rights

Father’s parental rights properly terminated though the decision to do so was partly based on the testimony of a social worker with disciplinary proceedings.

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‘Fear Alone’ Not Enough To ContinuePersonal Protection Order
Speaker Law Firm 5/24/23 Speaker Law Firm 5/24/23

‘Fear Alone’ Not Enough To ContinuePersonal Protection Order

The trial court wrongly denied the respondent’s motion to terminate a PPO entered against him because “fear alone” is insufficient to justify continuing a PPO, the Michigan COA has ruled.

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DHHS Sufficiently Made ‘Some Efforts’ To Avoid Removal Of Children
Speaker Law Firm 4/27/22 Speaker Law Firm 4/27/22

DHHS Sufficiently Made ‘Some Efforts’ To Avoid Removal Of Children

The trial court in this child-protective proceeding correctly placed the mother’s children under its jurisdiction because “some efforts” were made by DHHS to prevent removal of the children.

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Trial Court Wrongly Ordered Removal Of Child
Speaker Law Firm 10/27/21 Speaker Law Firm 10/27/21

Trial Court Wrongly Ordered Removal Of Child

A trial court’s order authorizing removal of the respondent’s minor child must be vacated, the Michigan Court of Appeals has ruled.

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Trial Court Must Explain Denial Of Ex-Wife’s Request For Additional Attorney Fees
Speaker Law Firm 11/11/20 Speaker Law Firm 11/11/20

Trial Court Must Explain Denial Of Ex-Wife’s Request For Additional Attorney Fees

In Sullivan v Sullivan, pursuant to a prior remand order, awarded the defendant ex-wife half the value of the parties’ stock, as well as spousal support and attorney fees.

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COA: Parenting Time, Right Of First Refusal Were Not Modifiable
Speaker Law Firm 10/30/19 Speaker Law Firm 10/30/19

COA: Parenting Time, Right Of First Refusal Were Not Modifiable

A trial court correctly denied a father’s request to 1) change the parenting time schedule and 2) remove a right-of-first-refusal provision from the parties’ divorce judgment.

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Supreme Court Removes Judge from Bench Due to Misconduct While in Office
Speaker Law Firm 7/3/19 Speaker Law Firm 7/3/19

Supreme Court Removes Judge from Bench Due to Misconduct While in Office

In addition to her removal, the Supreme Court also imposed a six-year suspension without pay should Brennan be re-elected to office during the suspension.

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Michigan Supreme Court: Assets In “Solely For The Benefit” Trust Not Necessarily Countable For Medicaid Eligibility
Speaker Law Firm 5/15/19 Speaker Law Firm 5/15/19

Michigan Supreme Court: Assets In “Solely For The Benefit” Trust Not Necessarily Countable For Medicaid Eligibility

In Hegadorn v Dep’t of Human Services Director, the SCT reversed and remanded the MI COA decision that said SBO trust assets are automatically countable for Medicaid eligibility.

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Livingston County Judge’s Caseload Yanked On Heels Of JTC Complaint
Speaker Law Firm 6/20/18 Speaker Law Firm 6/20/18

Livingston County Judge’s Caseload Yanked On Heels Of JTC Complaint

Livingston County District Court Judge Theresa Brennan is no longer hearing cases amid the release of an explosive misconduct complaint from the Judicial Tenure Commission.

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When are Trust Assets Countable for Medicaid Eligibility?
Speaker Law Firm 1/3/18 Speaker Law Firm 1/3/18

When are Trust Assets Countable for Medicaid Eligibility?

Mary Ann Hegadorn, Dorothy Lollar and Roselyn Ford began receiving long-term care at nursing homes. Within a short time after receiving care, their spouses established SBO trusts.

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Dissent Presents Effective Argument for Allowing Change of Residence
Speaker Law Firm 8/9/17 Speaker Law Firm 8/9/17

Dissent Presents Effective Argument for Allowing Change of Residence

The COA affirmed an order that denied defendant-mother’s request to change the legal residence of the child to CAN while granting plaintiff-father’s motion for primary physical custody.

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COA Reverses Grant of Summary Disposition; Stating Matter for a Jury
Speaker Law Firm 5/10/17 Speaker Law Firm 5/10/17

COA Reverses Grant of Summary Disposition; Stating Matter for a Jury

The COA reversed the circuit court’s summary disposition ruling as to one defendant and affirmed as to two others in an appeal involving the death of bicyclist.

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Court of Appeals Vacates Published Opinion After Death of Mother
Speaker Law Firm 10/28/15 Speaker Law Firm 10/28/15

Court of Appeals Vacates Published Opinion After Death of Mother

The Court of Appeals found the actions of the Livingston Circuit Court and a FOC Referee acted "grossly improper" in their decision-making and procedures in a custody case.

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