MSC to Appellant: "Disobey Trial Court Orders and Your no Friend of Mine."
After hearing argument on application, the Michigan SCT recently issued an Order in lieu of granting leave. remanding a divorce case to the circuit court for clarification of an alimony award.
Why a COA Opinion is Forcing Me to Change Insurance Companies
Some auto insurance companies include an exclusion that lowers the amount the insured can recover for bodily injury if the injured person is a family member. The exclusion is known as the "family drop down" and it was at issue in Ruzak v USAA Insurance Agency.
Common Sense Prevails; Only Explanation for Ladder in Road is That it Fell Off a Motor Vehicle
Common sense prevailed in the published COA opinion of Dancey v Travelers Property Casualty Co. In that case, a motorist was injured in single-vehicle accident after her vehicle hit a ladder lying in the roadway.
COA Holds City Not Entitled to Immunity from Residents' Waste Woes
The COA held that the county was not entitled summary disposition based on governmental immunity because the sewage exception to immunity applied even where the plaintiffs failed to expressly comply with notice requirements
COA Holds That Homeless Man Does Not Violate SORA
In People v Dowdy, the Court of Appeals issued a published opinion interpreting SORA - the Sex Offender Registry Act.
COA "Adopts" Use of Stays in the Battle of Paternity Act vs. Adoption Code
The COA released a published opinion providing some clarification on whether paternity actions can ever take precedence over adoption proceedings.
There's No Place Like "Home State!" MSC to Decide UCCJEA Case
The Michigan Supreme Court granted leave in Foster v Wolkowitz. The Court will address: (1) whether the Court of Appeals erred in relying on the Michigan Acknowledgement of Parentage Act (MAPA) rather than the UCCJEA.
Spouse "Waives" Goodbye to Argument in Divorce Appeal
In Vulaj v Vulaj, the Court of Appeals held that the plaintiff-husband waived his right to challenge the arbitrator's failure to comply with the Domestic Relations Arbitration Act, MCL 600.5070.
COA Offers Brief Berating
To an attorney who does not make a living writing briefs, the recent COA decision in In re D.A.S., Minor, will almost surely go unnoticed.
COA Directs Trial Court to Mind Its "l's" and "m's"--PUBLISHED OPINION
In a published decision, the COA found that the Kent County Circuit Court erred in terminating a mother's parental rights under MCL 712A.19b(3)(l), where the mother had voluntarily released her rights to a different child under the Adoption Code.
Appellate Courts to Review Constitutionality of SORA as Applied to Juveniles?? Only Time Will Tell....
In a September 30, 2009 opinion, Washtenaw County Family Court Judge, Hon. Darlene O'Brien, called into question the constitutionality of SORA's application in juvenile cases.
COA Gives Stamp of Approval to Trial Court in Published WDCA Case
In Fries v Mavrick Metal Stamping, Inc, et al, the Michigan Court of Appeals affirmed the trial court's decision denying defendants' motion for summary disposition under MCR 2.116(C)(10) in a published opinion.
Court's Decision May Tie Hands of Appellate Practitioners
The COA issued a published opinion in Barnard Manufacturing v Gates Performance Engineering, which could cause problems for many appellate attorneys appealing trial court orders on summary disposition.
Supreme Court to Review the Hotly Debated Kreiner Decision
In a long-awaited ruling among no-fault automobile practitioners, the Supreme Court granted leave in McCormick v Carrier, which challenges the Kreiner court's interpretation of the No-Fault Act.
COA Says TPR Not the Solution to Every Unsolved Mystery
In In re ALNW, Minor, the COA reversed an order terminating parental rights to both parents of the minor child.
Equitable Parenthood: Not an Ageless Doctrine
In Vanderark v Vanderark, the Court of Appeals concluded the the trial court erroneously held that the plaintiff was the equitable parent of a minor child born to plaintiff's wife during the marriage.
High Court Offers Supreme View
The Michigan Supreme Court and State Bar of Michigan recently teamed up to create a virtual courtroom.
In re Hansen: Questioning the Question Presented– Another Preservation Pitfall
In a published opinion, In re Hansen, the COA affirmed the termination of respondent’s parental rights despite the fact that the trial court applied a best interest standard that was replaced by legislation effective in July 2008.