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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In Heiden v Heiden, unpublished opinion in the Court of Appeals, issued February 26, 2015 (Docket No. 318245), the Court of Appeals used the statutory rules governing binding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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Posted: Feb 8, 2015, 11:15 AM
The Michigan Supreme Court has taken up a proposal for a court rule proposal regarding the publication standards and the citation to unpublished opinions. See ADM 2014-09. The proposal emanated from the Michigan Court of Appeals.
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Posted: Dec 7, 2014, 2:15 PM
Usually when appellate judges write opinions, it is based on the facts or the law or sometimes even public policy.
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Posted: Oct 24, 2014, 1:45 PM
The Court of Appeals published two cases this week in child welfare cases.
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Posted: Aug 12, 2014, 8:35 AM
On May 13, 2014, in an unpublished opinion, the Michigan Court of Appeals held that a payor’s spousal support may be increased on the basis of a new spouse’s income.
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Posted: Jul 14, 2014, 11:55 AM
Judges should expect their orders to be followed. So it did not surprise me when I read an article reposted in Michigan Lawyers Weekly (original article from the Daily Telegram dated July 12, 2014) about a Lenawee County Circuit Court Judge who was angry at jurors who did not follow her court order.
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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: 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: Apr 26, 2014, 3:25 PM
Under In re Plump, 294 Mich App 270, 273; 817 NW2d 119 (2011), a parent’s parental rights cannot “be terminated solely because he or she was a victim of domestic violence.”
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Posted: Apr 8, 2014, 8:50 AM
Call it a pet peeve of mine, but it annoys me when the COA miscites case law. One such arena where this frequently occurs is child welfare law.
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