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Posted: May 12, 2021, 10:35 AM
The trial court properly held the respondent in criminal contempt for violating a non-domestic personal protection order (PPO), the Michigan Court of Appeals has ruled. The respondent in In re JCB argued, among other things, that his conviction for violating a PPO obtained by his neighbor should be reversed because the trial court provided “insufficient findings of fact and law.”
Posted: May 5, 2021, 9:45 AM
The Michigan Court of Appeals has dismissed an appeal by the Michigan Bureau of Elections based on the “mootness doctrine,” finding an exception to the doctrine did not exist in a case involving a Kent County trial court judge.
Posted: Apr 28, 2021, 10:30 AM
The statute that permits Michigan trial courts to impose court costs on convicted criminal defendants is not unconstitutional on its face, the Michigan Court of Appeals has ruled.
Posted: Apr 21, 2021, 11:10 AM
The Michigan Supreme Court has ruled that the Kalamazoo County Circuit Court improperly took jurisdiction over a father’s children and placed them in foster care because there was insufficient evidence of “educational neglect.”
Posted: Apr 14, 2021, 10:40 AM
The trial court improperly denied the petitioner’s request to change his legal name based on his criminal record, the Michigan Court of Appeals has ruled, because the petitioner successfully rebutted the presumption of a fraudulent purpose for wanting the name change.
Posted: Apr 7, 2021, 10:10 AM
A trial court erred by denying the petitioner’s request for a personal protection order (PPO) based on the prior denial of a similar PPO request by the petitioner, the Michigan Court of Appeals has ruled.
Posted: Mar 31, 2021, 9:40 AM
The Michigan Court of Appeals affirmed the trial court’s order taking jurisdiction over the child and vacated the trial court’s termination order. The Court stated that the trial court erred when it found by clear and convincing evidence that termination of parental rights to the minor child was proper.
Posted: Mar 24, 2021, 9:55 AM
A trial court is not prohibited by the court rules from giving interim effect to a referee’s recommended order that changes custody pending a judicial hearing on an objection to the recommendation, the Michigan Court of Appeals has ruled.
Posted: Mar 17, 2021, 10:25 AM
A defendant’s first-degree child abuse conviction must be vacated because defense counsel’s performance at trial was “deficient,” the Michigan Supreme Court has ruled.
Posted: Mar 10, 2021, 10:50 AM
The trial court in this defamation case erred by striking an attorney’s affidavit and precluding the attorney from testifying, the Michigan Court of Appeals has ruled, finding the case should not have been summarily dismissed.
Posted: Mar 5, 2021, 1:20 PM
The Court of Appeals reversed the trial court’s decision denying the defendant’s motion to quash subpoenas because it was unclear whether the defendant knew that his communications with his attorney, through the use of his employer-provided email address, were not protected by the attorney-client privilege.
Posted: Mar 3, 2021, 11:25 AM
The trial court’s order removing the minor child from the respondent-mother’s care must be vacated because the respondent was denied her fundamental right to procedural due process, the Michigan Court of Appeals has ruled.
Posted: Feb 24, 2021, 10:30 AM
The trial court improperly dismissed an authorized petition to terminate the respondent’s parental rights because it did not issue a decision on the merits of the case, the Michigan Court of Appeals has ruled.
Posted: Feb 17, 2021, 11:10 AM
The trial court in this dog-bite case improperly granted summary disposition to the animal’s owners, the Michigan Court of Appeals has ruled, because the dog was not provoked by the victim.
Posted: Feb 10, 2021, 9:35 AM
The father in this case was erroneously granted joint physical and legal custody of the parties’ children, the Michigan Court of Appeals has ruled, because the trial court improperly conflated his motion to change custody with the mother’s motion to change domicile, effectively placing the burden of proof on the mother for both motions.
Posted: Feb 3, 2021, 10:10 AM
A mother’s motion for modification of custody was erroneously denied, the Michigan Court of Appeals has ruled, because the trial court failed to conduct an evidentiary hearing to determine whether she had established the required proper cause or change in circumstances.
Posted: Jan 27, 2021, 10:20 AM
The trial court correctly modified the parties’ custody order to give the mother sole legal and physical custody of the children, according to the Michigan Court of Appeals, because the father’s use of corporal punishment as a method of discipline constituted domestic violence.
Posted: Jan 20, 2021, 11:30 AM
In this divorce action, the trial court properly held that a postnuptial agreement the parties had entered into did not violate public policy and was enforceable, the Michigan Court of Appeals has ruled.
Posted: Jan 13, 2021, 10:05 AM
The trial court properly ordered that the children be removed from their father’s custody because there was sufficient evidence that the father’s alleged “roughhousing” presented a substantial risk of harm to the children, the Michigan Court of Appeals has ruled.
Posted: Jan 6, 2021, 10:40 AM
The Michigan Court of Appeals reversed the protective orders that were issued in these consolidated appeals, ruling the probate court “put[] the cart before the horse” when finding that the protective order requirements in the Estates and Protected Individuals Code (EPIC) were satisfied.
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