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Michigan Court of Appeals Clarifies When a Vehicle Is “Taken Unlawfully” Under MCL 500.3113(a)

When a vehicle’s owner neither expressly permitted nor expressly prohibited the claimant from taking the vehicle, whether the vehicle was “taken unlawfully” under MCL 500.3113(a) depends on whether the driver took it with the owner’s implied permission. That determination turns on all the facts and circumstances surrounding the taking, as well as the driver’s previous use of the vehicle.

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Court of Appeals Holds MCR 2.612 Applies in Adoption Proceedings

The Court of Appeals affirmed the Trial Court’s order, holding that MCR 2.612 applies in adoption proceedings. Further, the Trial Court properly vacated its order terminating respondent-father’s parental rights under MCR 2.612(C)(1)(a) because the court made a material mistake of fact when it entered the original termination order.

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Court Of Appeals Vacates Child Removal Order Over Due Process Violations

The trial court plainly erred when it ordered respondent’s children removed from her care. Under MCR 3.974(C)(3)(a), the hearing held by the trial court was not an emergency removal hearing. Since the trial court did not follow the procedural requirements to remove the children from her care, the court violated respondent’s procedural due process rights.

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