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Posted: May 22, 2019, 1:00 PM
The Bittner case began in 2013 when 74-year-old Shirley Bittner petitioned the Macomb County Probate Court for an accounting and a protective order. Shirley claimed that her daughter, Suzanne, who was her designated power of attorney, had converted several accounts to joint tenancies and had withdrawn funds without her approval. When she demanded an accounting and the restoration of her assets, the probate court issued a temporary restraining order.
Posted: Feb 7, 2019, 2:50 PM
A guardianship and conservatorship petition filed by the adult children of a protected individual should not have been disqualified based on sheer speculation that they were “too young” and might be “pushed, and prodded, and pulled” by other family members, the Michigan Court of Appeals has ruled.
Posted: Nov 28, 2018, 11:45 AM
A father remained responsible for more than $40,000 in unpaid child support from a 1992 paternity case because the 10-year statute of limitations for enforcing child-support orders was tolled by the trial court’s continuing jurisdiction, the Michigan Court of Appeals has ruled.
Posted: Aug 1, 2018, 9:15 AM
The Michigan Court of Appeals has vacated an order denying a divorced father’s request to change the school his children attend, finding the trial court failed to 1) address the children’s established custodial environment, 2) describe the applicable burden of proof and 3) consider the Child Custody Act’s best-interest factors.
In Marik v Marik (Docket No. 333687), the Court of Appeals remanded the case so the trial court could properly handle these issues.
Posted: Jun 25, 2018, 12:30 PM
A prosecutor’s “grossly improper” remarks during closing argument in a child abuse case, which were not corrected by the trial court, constituted deliberate prosecutorial misconduct and “poisoned the proceedings,” the Michigan Court of Appeals has ruled, remanding the case for a new trial.
Posted: Jul 28, 2017, 9:35 AM
The Michigan Court of Appeals (MCOA) vacated and remanded the trial court’s order in Fante v Nova, Nos. 334735, 336085 saying of the changes made in this custody dispute that were not a short removal, even though classified as "temporary".
Posted: Sep 3, 2010, 2:50 PM
In People v Szalma, the Michigan Supreme Court held that the Court of Appeals' decision remanding a case for a new trial would subject a defendant to double jeopardy where the trial court had already determined that the prosecutor failed to present sufficient evidence to convict and granted a directed verdict of acquittal.
Posted: May 16, 2008, 5:55 PM
n re Orozco Minors , a rare published termination of parental rights case, the COA reversed a decision of the Macomb County Family Court terminating respondents’ parental rights when they were deported to Guatemala.
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