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Posted: Dec 23, 2020, 11:05 AM
The trial court in this divorce action should not have denied the defendant’s request for attorney fees without conducting a hearing and allowing the defendant to support her request for fees, the Michigan Court of Appeals has ruled.
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Posted: Dec 16, 2020, 10:35 AM
A trial court properly 1) ordered the defendant in this divorce action to pay the plaintiff’s attorney fees as a sanction and 2) held the defendant’s former legal counsel jointly and severally liable for the attorney fees, the Michigan Court of Appeals has ruled.
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Posted: Nov 11, 2020, 10:30 AM
In this divorce action, the Michigan Court of Appeals held that the trial court did not abuse its discretion by: 1) awarding the ex-wife attorney fees, 2) including newly vested stock in the total vested stock to be divided between the parties and 3) modifying the spousal support award and divorce judgment to order the ex-husband to purchase a life insurance policy naming the ex-wife as the beneficiary.
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Posted: Aug 26, 2020, 11:30 AM
In this legal malpractice action, the Michigan Court of Appeals ruled the trial court: 1) should not have summarily dismissed the malpractice claim against the lawyer and her firm and 2) wrongly awarded the lawyer fees for representing herself and her law firm in the matter.
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Posted: Jan 15, 2020, 9:35 AM
Detroit attorney Robyn Frankel was appointed appellate counsel for the defendant, who was convicted of first-degree criminal sexual conduct. Frankel filed a motion for appellate attorney fees, asking the Macomb County Circuit Court to exceed the presumptive maximum of $3,375 and award her $5,445.
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Posted: Dec 11, 2019, 11:50 AM
The ex-wife in Ripley (Docket No. 327285) argued the trial court wrongly allocated two assets to the defendant – the accounts receivable at his law firm and a GTO – without first including their value in the marital estate. The ex-wife also claimed the trial court’s overall division of the marital estate was inequitable.
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Posted: Apr 8, 2019, 3:42 PM
In Sherbow v. Fieger (Docket No. 338997), a complicated legal representation situation arose following an unfortunate car accident in Ohio in July 2012. Charles Rice did not survive the accident, and three of the passengers—Mervie Rice, Dorothy Dixon, and Philip Hill—were seriously injured.
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Posted: Feb 13, 2018, 10:30 AM
The US Court of Appeals for the Sixth Circuit reversed the Middle District of Tennessee’s denial of defendant Circle C’s motion for attorney fees and sent the case back for an award of legal fees and expenses related to the trial and appeal of the government’s “excessive” damages demand. The case is United States ex rel. Wall v Circle C Construction, LLC, No. 16-6169 and is before the court for the third time.
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Posted: Dec 22, 2017, 4:25 PM
Charging Lien: 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.” George v Sandor M Gelman, PC, 201 Mich App 474 (1993).
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Posted: Dec 19, 2016, 10:00 AM
If you’re curious about frivolous defenses and vexatious appeals, the case of Miller v Blue CrossBlue Shield Michigan, No: 326300, unpublished, is worth a read.
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Posted: Apr 25, 2016, 11:10 AM
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 and the fees were not the result of her ex-husband’s failure to obey a court order, the Michigan Court of Appeals has ruled.
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Posted: Oct 6, 2015, 11:00 AM
It is well known in Michigan that attorneys who do court-appointed work are usually paid pretty miserably for their time. This is true both in the trial court and on appeal. Each county sets its own pay scale. A recent supreme court order gives one such court-appointed attorney a chance to recover his "extraordinary fees" on a court appointed criminal appeal. In re Attorney Fees of John W. Ujlaky, SCt order issued September 30, 2015 (Docket 150887).
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Posted: Sep 24, 2015, 2:30 PM
In the published opinion Doe v Boyle, Docket No. 320102 (September 22, 2015), after a lengthy battle, the Court of Appeals awarded court-appointed guardian ad litem Thomas Woods costs and attorney's fees for his services on a personal injury suit as a guardian ad litem for the defendant minor child.
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Posted: Aug 20, 2015, 5:15 PM
Two days ago, the Court of Appeals released a lengthy published opinion in Riemer v Johnson, __ Mich App __; __ NW2d __ (August 18, 2015), that addressed many issues including custody, parenting time, child support, and attorney's fees.
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Posted: Jun 29, 2015, 10:20 AM
In Bhama v Garves, unpublished opinion per curiam in the Court of Appeals, issued May 27, 2017 (Docket No. 313721), the Court of Appeals found an appeal regarding legal malpractice by an in pro per psychiatrist to be frivolous. A claim regarding the psychiatrist's termination of employment from the State of Michigan was the underlying case to the legal malpractice suit.
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Posted: Jun 22, 2015, 10:00 AM
In Richards v Richards, 310 Mich App 683 (2015) (Docket No. 319753), the Court of Appeals affirmed in part and reversed in part a Judgment of Divorce, ruling in favor of Sherri Richards, a client of the Speaker Law Firm, on all appealed issues.
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Posted: May 14, 2014, 12:35 PM
On December 10, 2013, in an unpublished opinion, the Michigan Court of Appeals upheld sanctions for the violation of a consent order that was entered after the discovery deadline had already passed.
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Posted: Mar 22, 2013, 4:45 PM
The January 2013 issue of the Michigan Family Law Journal includes an article by attorneys Scott Bassett and Carmen Moyer in their column "Unpublished decision of the month."
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Posted: Feb 8, 2013, 12:35 PM
The Michigan Supreme Court reversed in a part a trial court's award of attorney's fees in a divorce case.
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Posted: Nov 29, 2010, 7:50 AM
The Court of Appeals released a published opinion addressing spousal support and attorney fees in divorce cases in Myland v Myland.
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