It Pays to Check Your Math
Discharged attorneys may obtain a charging lien, which “is an equitable right to have the fees and costs due for services secured out of the judgment or recovery in a particular suit.”
COA Examines Need for Evidentiary Hearing in Child Threshold Case
In D’itri v Bollinger, the mother of the child filed a motion to change custody claiming there was a change in circumstances in the child’s living situation.
Court of Appeals Hold that Adoption is Moot After Order of Filiation Entered
In In re LMB, the Court of Appeals held that entry of an order of filiation while an adoption appeal was pending mooted the adoption appeal.
Remand for a Different Jurist due to Repeated Procedural Error
For the second time and on identical issues, the matter of In re Jones, Minors, came before the COA on the father’s appeal of a circuit court order terminating his parental rights.
Court of Appeals Addresses Standard and Burden of Proof for Removal of an Incapacitated Adult's Guardian
EPIC deals with, among other things, the appointment of guardians for incapacitated individuals. EPIC provides a list of people who can be appointed as a ward’s guardian.
Can the Proceeds of a Life Insurance Policy be Subject to Garnishment?
A writ of garnishment, upheld by the lower court following a motion to quash, was reversed and remanded by the COA in DC Mex Holdings LLC v Affordable Land LLC, due to trial court error.
A Case to Watch - Voluntariness of Plea and Ineffective Assistance of Counsel - Now Back to Trial Court
At the sentencing hearing, Horton moved to withdraw his plea, claiming that it was not freely, knowingly, and voluntarily made. His motion was denied and he was sentenced.
International Custody Dispute Over Infant Children
The International Child Abduction Remedies Act and the Hague Convention are both in place to ensure that one parent is unable to abduct the children from the other parent.
Divorce Appeal Impacts Enforceability of Judgments for Noncontractual Money Obligations
In O’Leary, the parties’ JOD required the marital home to be sold and “the indebtedness or profit shall be shared equally.” The husband finally sold the home 6 years later for a loss.
Former Litigant in Family Law Case in Supreme Court Loses His Criminal Appeal
The defendant raised the issue of ineffective assistance of counsel. The court wrote that to prove it, the defendant must show that counsel’s performance fell below objective standards.
Attorney Found to be Ineffective for Not Calling Witness of Child Suggestibility
Ineffective assistance of counsel is an incredibly difficult burden for a criminal defendant to prove.
2 Trial Judges + Same Facts = Opposite Orders: Which Controls?
Morrissette v Doe is an interlocutory appeal concerning a procedural issue, namely, a reversal by one judge of the orders of another under MCR 2.613(B).
Changes in a Child's School Create a Change in the Established Custodial Environment
The trial court received additional evidence, considered the statutory best-interest factors, and found by clear and convincing evidence that primary custody with plaintiff was in the child’s best interests.
Timing to Pursue Retirement Accounts from Judgement of Divorce
A divorce judgment has been entered, with a retirement plan involved. How long do the parties have to enter their QDRO to effectuate the division of the retirement accounts?
Problems with the Court of Appeals' Adoption Trilogy Decision
Adoption attorneys & adoption agencies laud the COA published decision in “The Adoption Trilogy”. However, there are a few weak spots, and provides something to keep in mind for future cases.
HB 4691 is Bad for Michigan Children and Families
The Michigan legislature is trying to pass legislation called the Michigan Shared Parenting Act, HB 4691, which completely throws out over 30 years of statute and case law.
Dissent Presents Effective Argument for Allowing Change of Residence
The COA affirmed an order that denied defendant-mother’s request to change the legal residence of the child to CAN while granting plaintiff-father’s motion for primary physical custody.
Timing is Everything in Child Custody
The COA vacated and remanded the trial court’s order in Fante v Nova, saying of the changes made in this custody dispute that were not a short removal, even though classified as "temporary".