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Appeals Court Vacates, Remands Various Orders In Divorce Case
Speaker Law Firm 4/17/24 Speaker Law Firm 4/17/24

Appeals Court Vacates, Remands Various Orders In Divorce Case

The defendant is entitled to relief, the Michigan Court of Appeals has ruled, because the trial court erred in several respects.

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Appeals Court Vacates Order Terminating Parental Rights Due to Improperly Serving Respondent
Speaker Law Firm 4/12/24 Speaker Law Firm 4/12/24

Appeals Court Vacates Order Terminating Parental Rights Due to Improperly Serving Respondent

Trial Court’s order for termination of parental rights vacated and remanded due to failure to serve Respondent and failure to offer new hearing.

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Appeals Court Reverses Trial Court Taking Jurisdiction Over Child
Speaker Law Firm 4/10/24 Speaker Law Firm 4/10/24

Appeals Court Reverses Trial Court Taking Jurisdiction Over Child

The trial court wrongly held that the statutory grounds for jurisdiction over the child were established by a preponderance of the evidence.

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Trial Court Correctly Granted Summary Disposition in Inter Vivos Trust Matter
Speaker Law Firm 4/8/24 Speaker Law Firm 4/8/24

Trial Court Correctly Granted Summary Disposition in Inter Vivos Trust Matter

Trial court did not err by granting the husband summary disposition because there was no indication of intent to defraud the wife of her marital rights.

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Court of Appeals Paves the Way for Transgender Treatment of Transitioning Child 
Speaker Law Firm 4/4/24 Speaker Law Firm 4/4/24

Court of Appeals Paves the Way for Transgender Treatment of Transitioning Child 

Based on a father’s non-compliance with medical recommendations to treat the child’s gender dysmorphia and suicidal ideation, the COA found there was proper cause to reconsider custody.

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COA Holds Plain-Error Standard of Review Applies to Child Custody Cases
Speaker Law Firm 4/4/24 Speaker Law Firm 4/4/24

COA Holds Plain-Error Standard of Review Applies to Child Custody Cases

COA vacated order awarding Father sole legal custody based on a failure to consider the minor child’s preference.

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Case Remanded Second Time For Required Spousal Support Findings
Speaker Law Firm 3/27/24 Speaker Law Firm 3/27/24

Case Remanded Second Time For Required Spousal Support Findings

The trial court in this divorce action failed – for the second time – to make the required findings on certain spousal support factors.

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Trial Court Did Not Properly Assume Jurisdiction, Termination Of Parental Rights Vacated
Speaker Law Firm 3/20/24 Speaker Law Firm 3/20/24

Trial Court Did Not Properly Assume Jurisdiction, Termination Of Parental Rights Vacated

The termination of the respondents’ parental rights must be vacated because the trial court didn’t properly conduct the adjudication hearing in the case.

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Court of Appeals Holds Trial Court Properly Exercised Jurisdiction
Speaker Law Firm 3/15/24 Speaker Law Firm 3/15/24

Court of Appeals Holds Trial Court Properly Exercised Jurisdiction

The trial court properly exercised jurisdiction over the child, but did not have the authority to order visits between the child and her maternal siblings.

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Appeals Court: Ingham County Violated Michigan Takings Clause
Speaker Law Firm 3/13/24 Speaker Law Firm 3/13/24

Appeals Court: Ingham County Violated Michigan Takings Clause

Summary disposition wrongly granted to defendants, Ingham County and its treasurer, on the claim that an unconstitutional taking of property occurred.

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Father’s Supervised Parenting Time Improperly Suspended
Speaker Law Firm 3/6/24 Speaker Law Firm 3/6/24

Father’s Supervised Parenting Time Improperly Suspended

The trial court erroneously suspended the plaintiff-father’s supervised parenting time, the Michigan Court of Appeals has ruled.

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Termination Of Mom’s Rights Reversed For Closer Look At Best Interest Factors
Speaker Law Firm 2/28/24 Speaker Law Firm 2/28/24

Termination Of Mom’s Rights Reversed For Closer Look At Best Interest Factors

“We reverse and remand for further proceedings on whether termination is in the children’s best interests,” the Michigan Court of Appeals has ruled.

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Court of Appeals Holds Framework for Calculating Reasonable Attorney Fees Applies to MCR 1.109 Sanctions 
Speaker Law Firm 2/23/24 Speaker Law Firm 2/23/24

Court of Appeals Holds Framework for Calculating Reasonable Attorney Fees Applies to MCR 1.109 Sanctions 

The Court of Appeals finds the framework for calculating reasonable attorney fees under the Supreme Court’s holdings in Smith/Pirgu applies to sanctions under MCR 1.109

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Termination Of Mom’s Parental Rights Was In Children’s Best Interests
Speaker Law Firm 2/21/24 Speaker Law Firm 2/21/24

Termination Of Mom’s Parental Rights Was In Children’s Best Interests

The trial court properly terminated the respondent-mother’s parental rights because termination was in the children’s best interests.

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U.S. Court of Appeals Says CPS Workers Have Qualified Immunity
Speaker Law Firm 2/15/24 Speaker Law Firm 2/15/24

U.S. Court of Appeals Says CPS Workers Have Qualified Immunity

In a suit regarding temporary removal of custody, the U.S. Court of Appeals found that CPS workers have qualified immunity where no clearly established statutory or constitutional rights exist.

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Appeals Court Upholds Order For Mental-Health Treatment
Speaker Law Firm 2/14/24 Speaker Law Firm 2/14/24

Appeals Court Upholds Order For Mental-Health Treatment

The Washtenaw County Probate Court properly granted a petition for the respondent to receive mental-health treatment.

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Trial Court Did Not Give ‘Adequate Explanation’ For Reducing Appellate Attorney Fees
Speaker Law Firm 2/7/24 Speaker Law Firm 2/7/24

Trial Court Did Not Give ‘Adequate Explanation’ For Reducing Appellate Attorney Fees

The trial court in this criminal case failed to provide an “adequate explanation” for reducing the attorney fees for appointed counsel.

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MSC Denies Appeal In Termination Of Parental Rights Case
Speaker Law Firm 1/31/24 Speaker Law Firm 1/31/24

MSC Denies Appeal In Termination Of Parental Rights Case

The Michigan Supreme Court will not hear the appeal in a termination of parental rights case.

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