The COA Issues Perplexing Published Decision in Revocation of Paternity Act Case
Basically, the majority says that there is not best interests analysis when there is a revocation of an acknowledgement of paternity, relying on Moiles.
Trustee’s Negligence Does Not Change the Necessary Nature of Legal Assistance in Estate Administration
The COA upheld a probate court’s order that approved as reasonable and necessary legal fees billed by a law firm that had been retained by a former trustee, even though the fees were partly due to the trustee's negligence.
Dirty Hotel Loses Appeal Against TripAdvisor
The Sixth Circuit Court of Appeals affirmed the District Court’s ruling that the statements made online were not actually facts, because they were “loose, figurative or hyperbolic language.”
COA Remands Termination Case Due to Incomplete Findings as to Which Person Abused Child
The Court of Appeals in an unpublished per curiam opinion reversed and remanded the Circuit Court order in a termination of parental right case.
Myspace May Still be Somewhat Relevant
The case of People v Prentice provides some relevancy to Myspace. On June 19, 2010 a 15 year old victim and two other minors, including defendant’s son, ended up spending the night at the defendant’s house.
Lower Court's Register of Actions Vexes the Court of Appeals
Appellate attorneys frequently wrestle with the lower courts register of actions. Sometimes it answers your questions, sometimes it raises more.
Officer Denied Qualified Immunity for Arrest Made in Operating While Intoxicated Case
The 6th Circuit Court of Appeals affirmed the ruling of the District Court that an officer is not entitled to qualified governmental immunity and denied the defendant’s motion for summary judgment.
COA Affirms Termination for Domestic Violence Victim
The opinion is troubling. It does not appear that the child was a victim of domestic violence or that mother failed to protect the child.
Michigan Supreme Court Botches Domicile Analysis by Misapplying Family Law to Auto Accident Case
To decide a child's domicile for purposes of insurance coverage under the No-Fault Act, MCL 500.3114(1), the Michigan Supreme Court turned to family law in Grange Insurance v Lawrence.
Stepparent Adoption is a Hot Topic in Michigan's Family Law Appeals
Over the past several months Michigan's appellate courts have turned their attention to stepparent adoption cases. These appeals have focused on the application of the statute, MCL 710.51(6), in terminating the rights of natural parents, as well as issues involving statutory interpretation and legislative intent.
Michigan Supreme Court Turns to 80 Year Old Precedent to Decide Easement Case
In its recent review of Kranz v Terrill the Michigan SCT vacated and remanded portions of holdings from the Court of Appeals and Lenawee Circuit Court that were inconsistent with a case from the Supreme Court that was decided in 1929.
Not so Fast DHS - You Have to Investigate First!
The Court of Appeals reversed the termination of Respondent-Mother’s parental rights to her minor child in In the Matter of V. M. Inman.
Michigan Supreme Court Issues Medical Marijuana Decision
The issue of operating a vehicle while internally possessing marijuana pursuant to the Michigan Medical Marijuana Act (“MMMA”) was tackled this week by the Michigan Supreme Court in its review of People v. Koon.
COA Makes it Easier for Trial Courts to Terminate Parental Rights
The COA held in a published opinion that the trial court does not have to find that termination is in the best interests of the child by clear and convincing evidence but only by a preponderance of the evidence.
To be or not to be? The Court of Appeals Declines to Answer the Question
The Michigan COA affirmed in a published opinion a trial court’s grant of a judgment of divorce, despite the fact that the plaintiff-wife in the divorce was mentally incompetent and the defendant-husband in the divorce was no longer male.
Is Jurors' Use of Wikipedia Enough for a Mistrial?
In People v Maliszewski, it was brought to the Trial Court’s attention that one of the jurors had used Wikipedia to define “reasonable doubt” and “corroborating evidence.”
COA Reverses Termination on Jurisdictional Grounds - Child Appropriately Placed with Grandparents
In a recent case, In the Matter of Kloosterman, the Court of Appeals had the opportunity to examine the meaning of MCL 712A.2(b), the provision which permits a trial court to take jurisdiction over the child in a child welfare proceeding.
Article in Family Law Journal Questions Point of Appeal Over $500
The January 2013 issue of the Michigan Family Law Journal includes an article by attorneys Scott Bassett and Carmen Moyer in their column "Unpublished decision of the month." The column addressed the family law decision in Rosema v Rosema.