MSC Adopts Framework For Applying Amended Court Rules, OKs Case-Evaluation Sanctions Under Old MCR 2.403
The trial court properly awarded case-evaluation sanctions under now-eliminated Michigan Court Rule 2.403(O) because it “had discretion to apply the former court rule” under Michigan Court Rule 1.102 “and did not abuse that discretion,” the Michigan Supreme Court has held.
Court of Appeals Affirms Appointment of Independent Guardian Over Patient Advocate Due to Failure to Act in Ward’s Best Interests
The Court of Appeals affirmed the trial court’s opinion and order, finding no abuse of discretion.
Trial Court Must Give Reason For Awarding Only Portion Of Requested Attorney Fees
A trial court abused its discretion by not articulating a reason for awarding only a portion of the attorney fees that appointed appellate counsel had requested.
Divorced Parents Wrongly Appointed Co-Personal Representatives Of Daughter’s Estate
A probate court erred by appointing a divorced couple as the co-personal representatives of their deceased daughter’s estate.
Elected Official’s Plea Deal Could Not Keep Him From Seeking Public Office
A plea agreement reached by a former Michigan senator was contrary to public policy because it prohibited the senator from seeking public office during his five-year probationary period.
Court of Appeals Halts Downward Departure
In People v McNeil, the Court of Appeals found that the trial court had abused its discretion by granting the defendant a downward departure from the sentencing guidelines for reasons that were not substantially compelling.