Judge’s In Camera Interview With Child Deprived Mother Of Due Process
The trial court in this child protective proceeding improperly conducted an in camera interview with one of the respondent-mother’s children, and this error deprived her of due process, the Michigan Court of Appeals has ruled.
Court Of Appeals Affirms Fraud Ruling In Used Car Sale Over Hidden Odometer Discrepancy; Vacates Attorney Fee Award
The Court of Appeals affirmed the trial court’s findings of liability, fraudulent intent, and treble damages with regard to claims based on failure to disclose accurate mileage, but vacated its attorney fee award and remanded for reconsideration under the proper legal framework as articulated in Pirgu v United Serv Auto Ass’n, 499 Mich 269 (2016).
Party Must Post Security Bond Before Filing Motions & Pleadings In Divorce Proceedings
The trial court in this “contentious” divorce case properly required the ex-husband to post a security bond each time he filed a motion or pleading, the Michigan Court of Appeals has ruled, due to his “repeated” filing of “meritless” pleadings that violated the court rules.
MSC Vacates Termination Of Dad’s Parental Rights, Directs Appeals Court To Reconsider Arguments
The Michigan Supreme Court has vacated a Court of Appeals decision that affirmed the termination of a father’s parental rights, sending the case back to the appeals court for reconsideration after the father files a supplemental brief.
Court Of Appeals Holds Judge’s Strategic Coaching Outside Jury’s Presence Can Pierce Impartiality But Still Not Be Plain Error
The COA held that a judge can pierce the veil of impartiality outside of the presence of a jury, and the judge did so here by suggesting questions that the prosecutor could ask on cross-examination, which amounted to the judge engaging in litigation strategy. However, this conduct did not amount to plain error affecting defendant’s substantial rights. The COA, thus, affirmed the conviction and sentence.
Court Of Appeals Affirms Insurer’s Priority In DART Bus Injury Case Under No-Fault Act Exception
MCL 500.3114(2)(c) prioritizes vehicles “operated in the business of transporting passengers” and contains a related carveout for “a bus operating under a government sponsored transportation program.” In this case, the Court of Appeals ruled that this subsection applies in this case, and it affirms the trial court’s grant of summary disposition in favor of the defendant.
Court Of Appeals Reverses Trial Court’s Denial Of Summary Disposition in Detroit Bus Collision Case
The Court of Appeals emphasized an important corollary; a trial court is obligated to grant summary disposition when there is no genuine issue of material facts. In this case, there is no such issue, given the amount of photographic and video footage of the incident, no reasonable juror could find that the bus driver was more at fault than the plaintiff.
Trial Court Must Address Whether Oral Postnuptial Agreement Existed
The trial court in this divorce action erroneously granted the plaintiff’s motion for summary disposition because there was a genuine issue whether oral postnuptial agreements existed, the Michigan Court of Appeals has ruled.
Consent Judgment Of Separate Maintenance Held Binding In Later Divorce
In a divorce action filed almost ten years after a Consent Judgment of Separate Maintenance was entered including an order to sell the marital home and non-modifiable alimony payments, the Court of Appeals held that the parties’ agreements in the separate maintenance action were binding on the Trial Court in entering a subsequent Judgment of Divorce, except on issues where the parties both requested modification.
Court Of Appeals Reverses Trial Court’s Denial Of Grandparenting Time Due To Statutory Right to Present Evidence
The Court of Appeals reversed the Trial Court’s denial of grandparenting time because, under Michigan’s grandparenting time statute, MCL 722.27b, the opportunity to be heard includes at a minimum the right to testify.
Federal Appeals Court Revives Faxed ‘Advertisement’ Claim
A federal appeals court has reinstated a lawsuit brought under the Telephone Consumer Protection Act, finding it should not have been dismissed because the unsolicited faxes sent to the plaintiff’s dental office were indeed “advertisements” that violated the law.
Court Of Appeals Reverses Trial Court’s Finding Of Aggravated Circumstances Based On Anticipatory Child Abuse
The Court reversed the trial court’s finding of aggravated circumstances because under MCL 722.638(1)(a), a court may bypass reunification and consider termination of parental rights at the outset only when a parent has already abused the child or the child’s sibling, not when there is anticipatory abuse or where the sibling is not biological.
Court of Appeals Clarifies Limits of Public Employment Contracts and Retaliation Claims Under the Whistleblower Protection Act
The Court of Appeals affirmed the Trial Court’s grant of summary disposition for Plaintiff’s breach of contract and public policy-based retaliation claims.
Court Of Appeals Affirms Receiver’s Power To Reject Leases And Strike Cross-Default Clauses Under The Michigan Receivership Act; Reverses And Remands “Stalking Horse Bidder” Issue
The Court of Appeals affirmed the Trial Court’s decision to allow the receiver to reject a lease because the plain language of the Michigan Receiver Act allows a receiver to do so. The COA also affirmed the Trial Court’s decision to strike cross-default language from the contracts with Skymint.
MSC: No Compensable ‘Taking’ When Real Property Fails To Sell At Public Auction
There is no “taking” under the Michigan Constitution’s Takings Clause if the foreclosing governmental unit attempts to sell the foreclosed-upon property at a public auction but the property does not sell, the Michigan Supreme Court has unanimously decided.
Governmental Unit That Foreclosed On Properties Violated The Constitutional Takings Clause
The Takings Clause of the Michigan Constitution was violated where the plaintiffs’ foreclosed-on properties were never offered for sale at a public auction, the Michigan Supreme Court has unanimously ruled.
Court Of Appeals Vacates Trial Court Order Modifying Custody Based Solely On In Camera Interview
The Trial Court erred when it effectively changed physical custody based solely on an in camera interview with the children without making findings regarding whether the change would alter the established custodial environment and applying the appropriate burden of proof, whether modification was in the children’s best interests.
MSC: Republican Party Can Pursue Election Inspector Claims Against City Of Flint
The Michigan Republican Party and the Republican National Committee have standing to sue City of Flint officials for not appointing enough inspectors during the 2022 election, the Michigan Supreme Court has ruled.