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Posted: Apr 17, 2019, 2:45 PM
In this action involving a mother’s motion to relocate the parties’ child to Sault Ste. Marie, the trial court erred by failing to properly address whether an established custodial environment existed and, if it did, whether the relocation would alter that environment, the Michigan Court of Appeals has ruled.
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Posted: Apr 10, 2019, 2:00 PM
A trial court correctly rejected a mother’s motion to change the domicile of the parties’ minor child to Pakistan because Pakistan is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, the Michigan Court of Appeals has ruled.
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Posted: Apr 3, 2019, 9:10 AM
When issuing its custody order, the trial court improperly refused to consider new evidence about the minor child’s speech development and, as a result, the custody order must be vacated and the case remanded for a de novo hearing, the Michigan Court of Appeals has ruled.
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Posted: Mar 27, 2019, 2:50 PM
Although a trial court properly terminated the parental rights of a mother and a father under MCL 712A.19b(3)(c)(i) and (g), the termination of the mother’s rights under a best interests analysis must be vacated because the trial court did not address the child’s placement with a relative, the Michigan Court of Appeals recently ruled.
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Posted: Mar 25, 2019, 10:40 AM
In People v. Mullins, the Court of Appeals held that while the defendant was neither a mandatory reporter of child abuse nor did she actually make the report of child abuse herself, she was still criminally liable for the false report. People v Mullins, 322 Mich App 151 (2017).
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Posted: Feb 27, 2019, 1:45 PM
In this case involving no-fault insurance benefits, the Michigan Court of Appeals held that the stipulated order from which the plaintiff appealed did not qualify as a “final order” and, therefore, the Court did not have jurisdiction over the matter.
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Posted: Feb 25, 2019, 11:15 AM
Under the precedent set in Spohn v Van Dyke Public Schools 296 Mich App 470 (2012), the Michigan Court of Appeals has ruled that because of a failure to disclose a possible personal injury claim in a pending bankruptcy action, the Wayne County Circuit Court should have granted the defendants’ motion for summary disposition. McDonald v. Yeldon, Unp. Per Curiam Op. of COA issued 01/03/2019 (Docket No. 339309).
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Posted: Feb 20, 2019, 9:00 AM
An affidavit of merit submitted by a board-certified cardiologist satisfied the medical-malpractice expert witness requirements in MCL 600.2912d and MCL 600.2169, even though the doctor’s specialty was not interventional cardiology, the Michigan Court of Appeals has ruled.
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Posted: Feb 7, 2019, 2:50 PM
A guardianship and conservatorship petition filed by the adult children of a protected individual should not have been disqualified based on sheer speculation that they were “too young” and might be “pushed, and prodded, and pulled” by other family members, the Michigan Court of Appeals has ruled.
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Posted: Jan 30, 2019, 2:20 PM
The evidence in a custody action demonstrated that a change in circumstances had occurred and, therefore, the trial court wrongly denied a mother’s motion to modify a custody order, the Michigan Court of Appeals has ruled, instructing the trial court to analyze the best interest factors on remand.
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Posted: Jan 23, 2019, 10:50 AM
Attorneys who are retained to provide expert witness testimony are not automatically shielded by the witness immunity doctrine and can be sued for professional malpractice, the Michigan Court of Appeals has ruled for the first time.
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Posted: Jan 18, 2019, 1:05 PM
Even though a temporary detention order did not include a “contrary to the welfare” finding, as required by law, this did not preclude the plaintiff’s eligibility for Title IV-E foster-care funding because the temporary detention order was not an order removing the plaintiff from his home and “into foster care,” the Michigan Court of Appeals has unanimously ruled.
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Posted: Dec 26, 2018, 2:15 PM
A criminal defendant’s failure to satisfy the plain-error test regarding a trial court’s alleged error does not, by itself, prohibit the defendant from bringing an ineffective assistance of counsel claim related to that same error, according to the Michigan Supreme Court.
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Posted: Dec 19, 2018, 2:40 PM
Earnings from the defendant-husband’s medical marijuana grow operation were correctly included in the parties’ marital estate during their divorce proceedings, the Michigan Court of Appeals has ruled.
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Posted: Oct 17, 2018, 2:20 PM
The Michigan Supreme Court recently adopted the constitutional standard for reviewing an indigent defendant’s request for state funds to hire an expert witness, tossing out the decades-old practice of reviewing such requests under state law – specifically, MCL 775.15.
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Posted: Oct 10, 2018, 2:10 PM
An attorney who performed work on a personal injury lawsuit, but then left the law firm before a settlement was reached in the case, was not entitled to an equitable lien on the proceeds of the settlement, the Michigan Court of Appeals has ruled.
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Posted: Apr 27, 2018, 11:30 AM
Two recent Michigan Court of Appeals decisions, if not reversed, may end up hindering direct placement adoptions in Michigan. The rulings in In re MGR, Minor and In re LMB, Minor are concerning for prospective adoptive parents because they allow putative fathers to stop an adoption in its tracks, simply by obtaining an order of filiation from the trial court.
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Posted: Apr 3, 2018, 9:49 PM
A recent Georgia Court of Appeals decision resolves a two-year-long jurisdictional dispute between spouses regarding whether, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), their custody case should proceed in Michigan or Georgia.
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Posted: Dec 28, 2017, 11:30 AM
In the matter of In re B. Hadd, Minor, No: 337095, 337097, the termination of parental rights of both parents by the lower court was upheld by the Michigan Court of Appeals (MCOA). The application of the MCOA order is being held in abeyance pursuant to the order of the Michigan Supreme Court, SC: 156604 because the Court believes the decision in the case of In re Hill, Minors (No.155152) presently before it may resolve a similar issue raised in the Hadd application for leave to appeal.
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Posted: Jul 24, 2017, 12:00 PM
Michigan Court of Appeals, in People v Killich, No. 329941, held that the Juvenile Code doesn’t allow for the imposition of a flat rate probation supervision fee, and vacated the trial court order imposing the fee and remanded for a corrected order of disposition.
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