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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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Tribal Laws Inapplicable: Mother’s Parental Rights Properly Terminated

The trial court properly terminated a mother’s parental rights where 1) the trial court correctly held the Indian Child Welfare Act and the Michigan Indian Family Preservation Act did not apply, and 2) termination was supported by the evidence and was in the child’s best interests, the Michigan Court of Appeals has ruled.

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DHHS Violated Discovery Order: Termination Petition Properly Dismissed

The Michigan Department of Health and Human Services violated the court rules in this termination of parental rights case when, at the father’s request, it did not produce video recordings of interviews conducted with his minor children, the Michigan Court of Appeals has ruled.

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Wrong Standard Applied To ‘Hostility’ Element Of Adverse Possession

In this boundary dispute between neighbors, the trial court applied an incorrect legal standard to the “hostility” element of adverse possession, the Michigan Court of Appeals has ruled, thereby vacating the quiet title judgment that had been issued and remanding the case for further factual findings.

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