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”.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Michigan Supreme Court Found Respondent- Father's Counsel Provided Ineffective Assistance
The Michigan Supreme Court vacated the judgment of the Court of Appeals and remanded the case for a new appeal due to the Respondent- Father's counsel providing ineffective assistance.
Statute Authorizing Imposition Of Court Costs Is Constitutional
The defendant didn’t demonstrate that MCL 769.1k(1)(b)(iii) is unconstitutional on due process or separation of powers grounds.
Appeals Court Vacates Sole Legal Custody To Father
A trial court erred by granting a father sole legal custody of the parties’ minor children, because the evidence showed the parties were able to cooperate and make important decisions.
MSC: Lawyer’s Remarks Before Mediation Are ‘Confidential Communications’
An attorney’s alleged defamatory statements to another lawyer while waiting for a court-ordered mediation conference to begin were confidential mediation communications.