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Family Law Appeals
Civil Appeals
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Jordan Ahlers-Smith
Lisa Schmidt
Elizabeth Parker
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Family Law Appeals
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Lisa Schmidt
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Court of Appeals Affirms Appointment of Independent Guardian Over Patient Advocate Due to Failure to Act in Ward’s Best Interests
Speaker Law Firm 6/13/25 Speaker Law Firm 6/13/25

Court of Appeals Affirms Appointment of Independent Guardian Over Patient Advocate Due to Failure to Act in Ward’s Best Interests

The Court of Appeals affirmed the trial court’s opinion and order, finding no abuse of discretion.

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Divorce Judgment Challenge Properly Dismissed For Lack Of Jurisdiction
Speaker Law Firm 11/6/24 Speaker Law Firm 11/6/24

Divorce Judgment Challenge Properly Dismissed For Lack Of Jurisdiction

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.

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$0 Restitution For Ex-Wife Who Claimed Conversion, Fraudulent Transfer Of Funds
Speaker Law Firm 6/5/24 Speaker Law Firm 6/5/24

$0 Restitution For Ex-Wife Who Claimed Conversion, Fraudulent Transfer Of Funds

Because the plaintiff did not suffer “any actual loss or injury,” the trial court in this divorce action did not err by awarding the plaintiff $0 in restitution.

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Trial Court Used Outdated Definition Of ‘Relative’ When Terminating Mom’s Parental Rights
Speaker Law Firm 5/29/24 Speaker Law Firm 5/29/24

Trial Court Used Outdated Definition Of ‘Relative’ When Terminating Mom’s Parental Rights

Trial court relied on an outdated statutory definition of “relative” when deciding to terminate a mother’s parental rights.

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Attorney Referral Fee Case Was ‘Prematurely’ Dismissed
Speaker Law Firm 12/27/23 Speaker Law Firm 12/27/23

Attorney Referral Fee Case Was ‘Prematurely’ Dismissed

Summary disposition was prematurely granted to the defendant in this dispute over attorney referral fees because discovery “had not begun in earnest”.

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MSC Declares ‘In Re Holbrook’ Moot, Justices Call For Legislative Reform
Speaker Law Firm 12/13/23 Speaker Law Firm 12/13/23

MSC Declares ‘In Re Holbrook’ Moot, Justices Call For Legislative Reform

The case of In re Holbrook, Minor - which involves alleged parental neglect and the statutory grounds for taking jurisdiction over a minor child - is moot.

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No Clear And Convincing Evidence Of Abuse, Termination Of Parental Rights Improper
Speaker Law Firm 10/18/23 Speaker Law Firm 10/18/23

No Clear And Convincing Evidence Of Abuse, Termination Of Parental Rights Improper

The trial court erroneously held that statutory grounds for terminating the respondents’ parental rights had been established by clear and convincing evidence.

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Decision to Suspend Mother’s Parenting Time Had the Effect of Modifying the Award of Joint Physical Custody
Speaker Law Firm 10/15/23 Speaker Law Firm 10/15/23

Decision to Suspend Mother’s Parenting Time Had the Effect of Modifying the Award of Joint Physical Custody

The trial court’s decision to suspend Mother’s parenting time had the effect of modifying the award of joint physical custody in the consent judgment of divorce, and MCR 3.207 did not apply to the case.

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Ex-Wife Violated PPO, Properly Found Guilty Of Criminal Contempt
Speaker Law Firm 9/27/23 Speaker Law Firm 9/27/23

Ex-Wife Violated PPO, Properly Found Guilty Of Criminal Contempt

The trial court properly issued a PPO in this case and correctly held the respondent in contempt, finding that she violated the terms of the PPO.

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MSC: Trial Court Must Determine Whether Child Jurisdiction Case Is Moot
Speaker Law Firm 8/30/23 Speaker Law Firm 8/30/23

MSC: Trial Court Must Determine Whether Child Jurisdiction Case Is Moot

The Michigan Supreme Court has remanded the case of In re Holbrook, Minor for a hearing to determine whether the case has become moot.

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Order Reducing Spousal Support Vacated Due To Lack Of Thorough Analysis
Speaker Law Firm 3/8/23 Speaker Law Firm 3/8/23

Order Reducing Spousal Support Vacated Due To Lack Of Thorough Analysis

The order reducing the plaintiff’s spousal support obligation to the defendant by several thousand dollars each month must be vacated the Michigan Court of Appeals has ruled.

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MSC To Address Whether Trial Court Properly Took Jurisdiction Over Child
Speaker Law Firm 2/15/23 Speaker Law Firm 2/15/23

MSC To Address Whether Trial Court Properly Took Jurisdiction Over Child

The MI SCT is set to hear oral arguments on the application to appeal the decision in In re Holbrook, Minor, a case involving statutory grounds for a trial court to take jurisdiction over a minor.

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No-Fault Cases Remanded To Determine If Guardian Improperly Delegated Tasks
Speaker Law Firm 11/23/22 Speaker Law Firm 11/23/22

No-Fault Cases Remanded To Determine If Guardian Improperly Delegated Tasks

Even though a guardian may delegate tasks, a question remains in no-fault cases about whether a guardian improperly delegated certain tasks.

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Trial Court ‘Prematurely’ Ordered Retroactive Modification Of Child Support
Speaker Law Firm 10/19/22 Speaker Law Firm 10/19/22

Trial Court ‘Prematurely’ Ordered Retroactive Modification Of Child Support

The trial court should have completed an evidentiary hearing before ordering a retroactive modification of the plaintiff’s child-support obligation, the Michigan Court of Appeals has ruled.

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Lawyer’s Appeal Of Trial Court Recording & Broadcast Policy Is Denied
Speaker Law Firm 6/15/22 Speaker Law Firm 6/15/22

Lawyer’s Appeal Of Trial Court Recording & Broadcast Policy Is Denied

A federal court has refused to hear the appeal of a MI attorney who was charged with contempt after he screenshotted a state trial court proceeding and then posted the photo to social media.

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Michigan Supreme Court Vacated the Judgment of the Court of Appeals and Remanded the Case for a New Appeal
Speaker Law Firm 2/16/22 Speaker Law Firm 2/16/22

Michigan Supreme Court Vacated the Judgment of the Court of Appeals and Remanded the Case for a New Appeal

The Michigan Supreme Court found that the Respondent's counsel provided ineffective assistance by failing to cite to the record, citing incorrect legal standards in support of those claims, and failing to raise potentially meritorious claims.

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