Named Insured Can Have An Insurable Interest In Property It Does Not Own
In A B Petro Mart, Inc v Prime One Ins, an insurance coverage action, the MI COA held that a corporate Plaintiff had an insurable interest in the property at issue.
Court of Appeals Judge O’Connell Can’t Run for Election as Incumbent of Another Judge’s Position
Judge Peter D. O’Connell likes being a judge of the 4th District of the Michigan COA, a position to which he was elected in 1994 and reelected as an incumbent every six years to this day.
Appellate Attorneys Get Pass From Court of Appeals
The COA in MacDowell v Houghtaling, reasoned that the plaintiff could not establish the element of proximate cause based on the COA prior denial on a delayed application.
Parents Must Reimburse Child Care Fund for Child’s Costs of Care
The MI Court of Appeals in In re Shawna Maye Galehouse upheld a trial court order for the parents to reimburse the Montmorency Child Care Fund for costs of care and services.
Imposter Twitter Account Constitutionally Protected Parody
Tweets meant to ridicule and satirize another’s social media presence in a humorous way are parody and thus protected by the First Amendment Right to Free Speech.
Court of Claims Has Jurisdiction Over Mandamus Case Against a State Department
Hon. Peter D. O’Connell turned to the Court of Claims seeking a writ of mandamus to force the the Director of Elections to consider his Affidavit of Candidacy for a 6-year term on the COA.
Unmarried Co-Parent Denied Standing in Michigan Visitation Suit
The Michigan Court of Appeals (COA) concluded that the equitable-parent doctrine does not extend to unmarried couples, whether heterosexual or same-sex couples.
Book Review: Wicked Takes the Witness Stand
The book Wicked Takes the Witness Stand by former journalist Mardi Link recounts the true story of the extensive legal proceeding following a 1986 murder.
Termination of Incarcerated Father’s Rights Reversed on Appeal
The case of In re E.W. Pops, Minor began when EP’s father was stopped after fleeing from the police for 14 blocks. EP was in the car and came under the jurisdiction of the court when his father pled no contest to the neglect petition.
Misapplication of Preclusion Principles Sends Guardianship Back to Probate Court
The COA reversed the decision of the probate court, because of the incorrect application of preclusion principles to the Petitioner’s Petition for a change of Guardianship.
DHHS and Courts Must Actively Assist Intellectually, Cognitively or Developmentally Impaired Parents
The COA vacated a trial court’s order terminating the parental rights of a cognitively impaired young woman due to the repeated failure of DHHS.
Stepparent Adoption Set Aside Due to Parties’ Fraud
The Court of Appeals upheld the trial court decision to set aside the stepparent adoption of KJS due to the parties’ significant and positive fraud.
Whistleblowers Protection Act Clarified
It remanded the case back to the COA for consideration of the plaintiff’s claim that her termination was a violation of public policy.
Ruminations on the Delayed Application Court Rule
Under MCR 7.205(G)(3), appellate counsel has always assumed that there was a 6 month absolute deadline for filing an application for leave in the Court of Appeals.
U.S. Supreme Court Declines Michigan Deputies’ Appeal in Excessive Force Case
The United States Supreme Court has denied an appeal in the case of two Macomb County deputies who were sued for civil rights violations when making an arrest.
Appellate Delay Disturbing in Custody/Parenting Time Matter
In Teruya v Burgan, a MI mother and CA father of 3 children, who were conceived by in vitro fertilization insemination, disputed rights regarding parenting time.
Grand Rapids ‘Peace and Tranquility’ Ordinance is Declared Unconstitutional
A Grand Rapids ordinance that prohibits the use of a premises “which shall destroy the peace and tranquility of the surrounding neighborhood” is unconstitutionally vague.
Party Didn’t Meet MCR 3.206 Requirements: Must Pay Own Attorney Fees
An ex-wife who filed a motion to modify a custody order was not entitled to attorney fees associated with the motion, because she was able to pay her own fees.