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Posted: Oct 16, 2015, 10:25 AM
In a short published opinion, Francescutti v Fox Chase Condominium Association, Docket No. 323111, issued October 15, 2015, the Court of Appeals clarified an issue of first impression
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Posted: Oct 14, 2015, 11:20 AM
It took a nudge from the Michigan Supreme Court, but the Court of Appeals released a published opinion in Varran v Granneman, issued October 13, 2015 (Docket 321866; 322437), concluding that the father had an appeal by right from the trial court's order awarding grandparenting time, over the father's objection.
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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: Sep 22, 2015, 3:40 PM
The United States Court of Appeals for the Sixth Circuit recently released a published opinion holding that the plaintiffs, four self-described "Juggalos" and two members of the band Insane Clown Posse, had standing for their claims against the US Department of Justice and the FBI that they suffered violations of their First and Fifth Amendment rights. Parsons v US Dep't of Justice, Docket No. 14-1848 (September 17, 2015). The Sixth Circuit reversed the District Court's dismissal for lack of standing and remanded for consideration of the defendants' FRCP 12(b)(6) (failure to state a claim) arguments.
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Posted: Sep 18, 2015, 10:30 AM
It is not very often that a COA opinion incorporates a visual aid.
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Posted: Sep 17, 2015, 11:50 AM
This week, the Court of Appeals released a published opinion in McConchie v Voight, Docket No. 326651 (September 15, 2015) (Shapiro, J, author), addressing the "grossly improper" actions of Judge Reader of the Livingston County Circuit Court and one of the Friend of the Court referees in regard to the custody of the parties' child. Slip op at 5. The referee and judge violated a host of well-established procedural and substantive requirements in awarding the father with sole physical custody.
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Posted: Sep 10, 2015, 4:10 PM
Recently, the Court of Appeals released an opinion in In re KJP-D, KFP-D, Minors, issued August 11, 2015 (Docket No. 323596), a Section 45 adoption case affirming the trial court's ruling that the decision of the Superintendent of the Michigan Children's Institute denying petitioners consent to adopt was not arbitrary and capricious.
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Posted: Sep 5, 2015, 12:55 PM
The Court of Appeals released a published opinion in People v Sledge, Docket Nos. 324680, 324681 (October 1, 2015), that vacated the Wayne County Circuit Court's gag order in two criminal cases against Sledge, the former Wayne County Chief Financial Officer, and Collins, the Assistant Wayne County Corporation Counsel, regarding the failure of the Wayne County Jail Project, a $300 million budgeted project to build a jail in Detroit, which shut down with only a quarter of the construction completed due to an overrun in costs of $100 million.
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Posted: Aug 27, 2015, 3:55 PM
This week, in Rogers v Wcisel, 312 Mich App 79 (2015), slip op, the Court of Appeals addressed in a published opinion what it means under the Revocation of Paternity Act (RPA) for there to be a "mistake of fact" justifying a revocation of an acknowledgement of paternity. The Court of Appeals first provided a detailed discussion of the facts in the case wherein an acknowledged father sought to revoke his paternity after DNA evidence revealed there was a zero percent chance he was the child's father.
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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: 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: Jul 24, 2015, 2:35 PM
Yesterday, the Michigan Supreme Court released a unanimous decision in People v Stevens, __ Mich __; __ NW2d__ (July 23, 2015) (Docket No. 149380), where it reversed a defendant's conviction for second degree murder and child abuse and remanded to the trial court for a new trial because of the trial judge's improper conduct that "pierced the veil of judicial impartiality."
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Posted: Jul 22, 2015, 11:05 AM
In Heiden v Heiden, unpublished opinion in the Court of Appeals, issued February 26, 2015 (Docket No. 318245), the Court of Appeals used the statutory rules governing binding domestic-relations alternative dispute resolution (ADR) to set aside a common law mediation agreement that purported to divide the parties' property for their judgment of divorce.
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Posted: Jul 9, 2015, 10:05 AM
In In re Dorsey, 306 Mich App 571; 858 NW2d 84 (2014), the appellant's son had been adjudicated delinquent and was subject to the jurisdiction of the family division of the circuit court. A child welfare/abuse and neglect case involving the appellant mother and the son ran concurrent with the juvenile adjudication hearings. Based on prior drug usage, under both the juvenile delinquency case and the child welfare case, the appellant mother was ordered to submit to drug testing. Once the child welfare case was closed, the appellant mother refused to comply with drug testing without consulting with her attorney. At a show cause hearing for failure to comply with the drug test order in the juvenile adjudication case, she said that she thought because her abuse and neglect case was over, she did not need to submit to drug testing, but that her son's probation officer had told her she wanted appellant mother to submit to drug testing for the delinquency case. The circuit court held her in contempt, sanctioning her with fines and 93 days in jail. The mother appealed the contempt order.
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Posted: Jul 2, 2015, 12:40 PM
In Eddington v Torrez, 311 Mich App 198 (2015), the Court of Appeals addressed a narrow issue regarding defamation cases: "whether statements made to police regarding criminal activity are absolutely privileged and therefore immune from suit for defamation."
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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: 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, 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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