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Posted: Jul 8, 2020, 10:05 AM
The plaintiff’s civil complaint should not have been dismissed after she allegedly gave false deposition testimony because dismissal was too harsh a sanction, the Michigan Court of Appeals has ruled.
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Posted: Feb 19, 2020, 2:15 PM
A settlement agreement signed by the parties in this divorce action was valid and enforceable, the Michigan Court of Appeals has ruled, even though the mediator did not conduct any domestic violence screening pursuant to the Michigan court rules.
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Posted: Sep 6, 2018, 12:25 PM
A trial court erred in distributing a divorcing couple’s marital property because the parties’ prenuptial agreement was ignored in doing so, the Michigan Court of Appeals has ruled. In Silverman v Silverman (Docket No. 336905, unpublished opinion), the Court of Appeals said the trial court could not “simply disregard the prenuptial agreement and resort to equitable considerations without any analysis as to why it was doing so.”
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Posted: Oct 30, 2017, 12:20 PM
Defendant Timothy Horton was charged with breaking and entering with the intent to commit larceny as a fourth habitual offender. Horton agreed to plead no contest to the charge, in exchange for being charged as a second habitual offender. At the sentencing hearing, Horton moved to withdraw his plea, claiming that it was not freely, knowingly, and voluntarily made. His motion was denied and he was sentenced.
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Posted: Sep 12, 2017, 8:10 AM
Adoption attorneys and adoption agencies laud the Court of Appeals published decision in “the Adoption Trilogy,” In Re MJG and In Re BGP/JSP. (See July 12, 2017 blog - Adoption Trilogy secures the future of direct placement adoptions in Michigan). However, there are a few weak spots to the Court of Appeals' analysis, and provides something to keep in mind for future cases.
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Posted: Jul 12, 2017, 2:30 PM
We don’t think we are exaggerating the significance of two published opinions released by the Court of Appeals yesterday in In re MJG (Docket 332928) and In re JSP/In re BGP (Dockets 333700, 333813).
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Posted: Jul 7, 2017, 4:00 PM
This week's Michigan Lawyer's Weekly issue covered the recent Speaker Law Firm published victory in Geering v Geering.
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Posted: Aug 12, 2015, 4:15 PM
On August 11, 2015, the Court of Appeals decided in a published opinion Adam v Bell (Docket No 319778), and overturned an order granting summary disposition to State Farm on the grounds that Cynthia Adam’s claims were barred by res judicata.
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Posted: Jun 18, 2015, 9:45 AM
In Graham v Foster, ___ Mich App __; __ NW2d __ (2015), the Court of Appeals held that a presumed father, ie, a mother's husband at the time of conception or birth of a child, is a necessary party to a Revocation of Paternity Act claim.
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Posted: Jun 17, 2014, 11:20 AM
At the end of last year, the Court of Appeals, in a published opinion, Souden v Souden, 303 Mich App 406; 844 NW2d 151 (2013), clarified the amount of due process required when an attorney seeks enforcement of charging liens secured by a divorce judgment signed by the client debtor.
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Posted: May 22, 2014, 2:45 PM
On April 15, 2014, in a published decision, the Michigan Court of Appeals held that absences attributable to fear of bullying were not “willful” absences under MCL 712A.2(a)(4).
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Posted: Mar 21, 2014, 3:25 PM
In re Green involved placement of children in a juvenile guardianship.
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Posted: Jan 29, 2013, 9:00 AM
In a recent opinion, the Michigan Supreme Court in People v Trakhtenberg, __ Mich __; __ NW2d __ (2012)(Docket No 143386) addressed a very narrow issue (among many larger issues) - the use of collateral estoppel by the prosecution to prevent a criminal defendant from challenging his trial counsel’s effectiveness.
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Posted: Jan 30, 2012, 10:05 AM
In the underlying action of In re Moore, unpublished per curiam opinion of the Court of Appeals, Docket No. 298100, December 22, 2011, an interested party in a probate estate (son) alleged that the personal representative provided fraudulent misinformation about the legal obligation to repay a mortgage loan secured by a mortgage on real property.
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Posted: Apr 20, 2010, 9:15 AM
Common sense prevailed in the published Court of Appeals opinion of Dancey v Travelers Property Casualty Co, issued April 6, 2010.
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Posted: Dec 4, 2009, 11:05 AM
In Vulaj v Vulaj, the Court of Appeals held that the plaintiff-husband waived his right to challenge the arbitrator's failure to comply with the Domestic Relations Arbitration Act, MCL 600.5070.
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Posted: Oct 21, 2009, 2:50 PM
In a September 30, 2009 opinion, Washtenaw County Family Court Judge, Hon. Darlene O'Brien, called into question the constitutionality of SORA's application in juvenile cases. Specifically, O'Brien reasoned the mandatory reporting requirement as applied to juveniles does not serve a legitimate purpose given the most current evidence indicating a low recidivism rate for juvenile sex offenders in light of the overall purpose of juvenile law: rehabilitation not punishment.
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Posted: May 20, 2009, 3:55 PM
The Court of Appeals reversed a Michigan trial court's decision to recognize a foreign divorce in Tarikonda v Pinjari (unpublished decision).
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Posted: Apr 10, 2009, 5:35 PM
Over the years, I have observed that there are many times when the Court of Appeals in a published decision does not acknowledge a prior published opinion that is on point, or disagrees with a prior published opinion.
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Posted: Mar 24, 2009, 2:25 PM
In the recent case of In re Contempt of Henry, a published opinion of the Court of Appeals, the Court addressed a criminal contempt matter arising from appellant, attorney Kathy Henry’s, involvement with her brother, defendant Charles Henry’s, post-divorce judgment child support enforcement case.
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