Court of Appeals Holds Framework for Calculating Reasonable Attorney Fees Applies to MCR 1.109 Sanctions
The Court of Appeals finds the framework for calculating reasonable attorney fees under the Supreme Court’s holdings in Smith/Pirgu applies to sanctions under MCR 1.109
Termination Of Mom’s Parental Rights Was In Children’s Best Interests
The trial court properly terminated the respondent-mother’s parental rights because termination was in the children’s best interests.
U.S. Court of Appeals Says CPS Workers Have Qualified Immunity
In a suit regarding temporary removal of custody, the U.S. Court of Appeals found that CPS workers have qualified immunity where no clearly established statutory or constitutional rights exist.
Appeals Court Upholds Order For Mental-Health Treatment
The Washtenaw County Probate Court properly granted a petition for the respondent to receive mental-health treatment.
Trial Court Did Not Give ‘Adequate Explanation’ For Reducing Appellate Attorney Fees
The trial court in this criminal case failed to provide an “adequate explanation” for reducing the attorney fees for appointed counsel.
MSC Denies Appeal In Termination Of Parental Rights Case
The Michigan Supreme Court will not hear the appeal in a termination of parental rights case.
Court of Appeals Clarifies that the Safe Delivery of Newborns Law Provides a Mechanism to Establish Legal Parenthood
The trial court correctly determined that a nonsurrendering parent who establishes a 99.99% probability of paternity and obtains summary disposition on the issue of paternity is a legal parent under the Safe Delivery of Newborns Law (SDNL).
Trial Court Did Not Correct ‘Clerical Error’ When Issuing Amended Order
The trial court’s amended order didn’t correct the clerical error under MCR 2.612(A)(1) because the correction “substantially changed” the initial order.
Court of Appeals Immediately Restores Acknowledged Father’s Parental Rights
The affidavits in this case were deficient in showing a mistaken belief of fact by the plaintiff and failing to address the due diligence requirement in uncovering the newly discovered evidence, the Trial Court erred in failing to dismiss the case.
After Divorce, Ex-Husband Gets Frozen Embryo
The trial court properly awarded the divorced parties’ one remaining frozen embryo to the ex-husband, a split Michigan Court of Appeals has ruled.
Trial Court Improperly Granted Summary Disposition
In addition to improperly granting summary disposition, the Trial Court legally erred in finding that the objection to sharing of referral fees under MRPC 1.5(e) was timely.
Court of Appeals Holds Michigan Supreme Court Decision Operates Retroactively
The Michigan Supreme Court’s recent decisions in previous cases operates retroactively and applies to all cases currently pending on direct appeal.
Incarcerated Father’s Parental Rights Wrongly Terminated For Stepparent Adoption
Respondent-father had the ability to provide “consistent support though not ample support” for his children while he was incarcerated but did not do so.
Attorney Referral Fee Case Was ‘Prematurely’ Dismissed
Summary disposition was prematurely granted to the defendant in this dispute over attorney referral fees because discovery “had not begun in earnest”.
High Court Issues Procedural Ruling In FOIA Case
A cross-appeal was unnecessary in this FOIA case in order for the defendant-city to suggest an alternative ground for affirming the lower court’s decision.
MSC Declares ‘In Re Holbrook’ Moot, Justices Call For Legislative Reform
The case of In re Holbrook, Minor - which involves alleged parental neglect and the statutory grounds for taking jurisdiction over a minor child - is moot.