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Posted: May 15, 2019, 4:06 PM
The fact that a “Solely for the Benefit” (SBO) trust (1) includes former assets of a spouse who is now institutionalized and (2) allows the trustee to make payments to the non-institutionalized spouse does not automatically make the SBO trust assets countable for purposes of determining the institutionalized spouse’s Medicaid eligibility, the Michigan Supreme Court has ruled.
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Posted: Jan 24, 2018, 10:30 AM
The case of Ray v Swager, No: 322766, came to the Michigan Court of Appeals (MCOA) on remand from the Michigan Supreme Court. In the first appeal to the MCOA, Eric Swager appealed the trial court’s denial of his motion for summary disposition. The MCOA reversed the trial court’s decision and remanded for entry of summary disposition in Swager’s favor based on the conclusion that reasonable minds could not conclude that Swager was “the proximate cause” of plaintiff Ray’s injuries.
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Posted: Jul 24, 2017, 12:00 PM
Michigan Court of Appeals, in People v Killich, No. 329941, held that the Juvenile Code doesn’t allow for the imposition of a flat rate probation supervision fee, and vacated the trial court order imposing the fee and remanded for a corrected order of disposition.
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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about frivolous defenses and vexatious appeals, the case of Miller v Blue CrossBlue Shield Michigan, No: 326300, unpublished, is worth a read.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: Aug 1, 2016, 10:20 AM
The Michigan Court of Appeals (COA) concluded that the equitable-parent doctrine does not extend to unmarried couples, whether heterosexual or same-sex couples. And, because the doctrine doesn’t apply, Plaintiff Michelle Lake does not have standing to seek parenting time with the child. Therefore, the COA remanded the matter back to the trial court for entry of an order granting summary disposition in the defendant’s favor. Judge Douglas B. Shapiro wrote a concurring opinion, stating the circumstances where he could see a different outcome
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Posted: Jun 17, 2015, 11:25 AM
In Loutts v Loutts, __ Mich App __; __ NW2d __ (2015) (Docket No. 318468), the Court of Appeals addressed an issue debated among family law attorneys: whether a party could seek to modify and extend an award of spousal support set by a trial court in the parties’ judgment of divorce.
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Posted: May 8, 2013, 5:15 PM
On April 16, 2013, the Michigan Court of Appeals affirmed in a published opinion a trial court’s grant of a judgment of divorce, despite the fact that the plaintiff-wife in the divorce was mentally incompetent and the defendant-husband in the divorce was no longer male. In Estate of Devon Burnett, Docket 309640.
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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: May 27, 2011, 2:55 PM
In a published opinion, In re TD, the Court of Appeals held that application of SORA was not "punishment," so it could not be deemed unconstitutional on grounds that it was cruel and unusual as applied to the respondent.
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Posted: Dec 23, 2009, 3:35 PM
The COA released a published opinion providing some clarification on whether paternity actions can ever take precedence over adoption proceedings. In MKK, Minor, the COA reversed the trial court's order denying the putative father's motion to stay adoption proceedings pending resolution of his paternity action. The COA also reversed the trial court's order denying him custody of the minor child.
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