Continuing Treatment Petition Valid Despite Noncompliance With Statute
The trial court properly denied a motion to dismiss a petition for continuing mental-health treatment, even though the petition did not strictly comply with the statutory requirements.
Appeals Court: Evidence Did Not Support Dad Moving To Texas With Children
Trial court erroneously granted a father’s motion to move to TX with children because, there was insufficient evidence the children’s lives would be improved by relocating.
Appeals Court: 2019 No-Fault Insurance Changes Do Not Apply Retroactively
The changes to MI’s no-fault law limiting the payment of PIP benefits do not apply to car crash victims who were injured before the 2019 changes went into effect.
Appeals Court: Non-Resident May Seek Parental Consent Waiver To Abortion In Michigan
A trial court improperly held that it did not have jurisdiction over a petition for a waiver of parental consent to an abortion, the Michigan Court of Appeals has ruled in a published order.
COA Vacates and Remands Trial Court’s Order & The $15K Parenting-Time Bond
The trial court committed clear legal error in Butters v Butters by failing to hold a live hearing where the plaintiff would have the right to present evidence.
Mandatory Life Sentences For Juvenile Defendants Are Unconstitutional
Sentencing juvenile defendants to life without parole for first-degree murder is “cruel or unusual punishment” in violation of the state Constitution, a divided Michigan Supreme Court has ruled.
MSC: State Law Prohibits Discrimination Based On Sexual Orientation
Michigan’s civil rights law prohibits discrimination based on sexual orientation, the Michigan Supreme Court has ruled for the first time.
Facebook ‘Tagging’ Violated PPO: Not Constitutionally Protected Speech
The trial court properly held the defendant in criminal contempt for violating a personal protection order (PPO) because he “tagged” the plaintiff in a Facebook post.
Trial Court Committed Clear Legal Error by Failing to Hold a Live Hearing Where the Plaintiff Would Have the Right to Present Evidence
The trial court committed clear legal error by failing to hold a live hearing where the plaintiff would have the right to present evidence, subject to certain restrictions permitted by the court rules.
Divorced Mother Not Required To Split Child’s SSI Benefits With Ex-Husband
A divorced mother was improperly ordered to direct half of her developmentally disabled child’s government benefits to her ex-husband, who is the child’s father.
Law Firm’s Deposit Of Two-Party Insurance Checks Is “Conversion”
A Grosse Pointe law firm engaged in statutory conversion by depositing two-party checks into its Interest on Lawyers Trust Account (IOLTA).
MSC: Wife Who Filed For Divorce Is ‘Surviving Spouse’ For Inheritance Purposes
A widow who filed for divorce more than one year before her husband’s death qualifies as his surviving spouse for inheritance purposes, the Michigan Supreme Court has ruled.
Defendant’s Properly Convicted Of Violating PPO, Constitutional Claims Tossed
There was sufficient evidence to uphold the defendant’s convictions for violating a personal protection order (PPO) that had been issued against him.
Trial Court Wrongly Modified Divorced Parties’ Custody Order
An award of sole legal custody to the father of the parties’ minor child must be reversed, because the trial court did not exercise “a proper degree of caution”.
Trial Court Correctly Denied the Defendant’s Motion to Change Domicile to a Foreign County
Defendant’s motion to change domicile to a foreign county would alter the established custodial environment with one parent and is not in the best interests of the child.
Dad’s Parental Rights Wrongly Terminated Based Solely On His Incarceration
A father’s parental rights were erroneously terminated under MCL 712A.19b(3) because his incarceration was the condition that led to the initial adjudication.
Courts Can Consider Whether “Ameliorative Measures” Can Be Taken to Reduce the Risk of Harm
The case involves the grave risk of physical harm exception to a child’s wrongful removal from their country of habitual residence.
Lawyer’s Appeal Of Trial Court Recording & Broadcast Policy Is Denied
A federal court has refused to hear the appeal of a MI attorney who was charged with contempt after he screenshotted a state trial court proceeding and then posted the photo to social media.