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A Better Partnership

March 2013

Mar 2013
March 29, 2013

COA holds that a failure to secure wife's signature does not void easement

In Zaher v. Miotke, the Court of Appeals held that an easement granted by a husband across property owned in his name alone was not invalid on the ground that his wife did not join in the conveyance. While a wife's dower interest entitles her to a one-third life estate in her husband's real property after his death, that interest merely creates a cl

Mar 2013
March 28, 2013

COA finds that plaintiff claiming that she owned adjacent property is barred from asserting title by the equitable doctrine of laches

In Knight v. Northpoint Bank, the Court of Appeals upheld the application of the equitable doctrine of laches to defeat a challenge to a Bank's claim to real property finding that the plaintiff, who also claimed title to the subject property, lived adjacent to that property for over eight years, but did not assert her rights during that time. The Co

Mar 2013
March 28, 2013

COA holds that a parent may be convicted of unlawfully taking his child if his parental rights have been terminated

In People v. Wambar the Michigan Court of Appeals affirmed the defendant's conviction for assisting in the unlawful taking of a child, despite the fact that the defendant was the child's biological father, because the defendant's parental rights had been terminated. Michigan Statute MCL 750.350 prohibits the taking of a child from his parent or guar

Mar 2013
March 23, 2013

MSC holds that noneconomic damages are not recoverable for the negligent destruction of real property

In Price v. High Pointe Oil Company, Inc., the Michigan Supreme Court adhered to the long-standing common law rule that noneconomic damages are not recoverable for negligent destruction of property. While the general rule in tort cases is that a plaintiff may recover for all injuries resulting directly from a wrongful act, including both economic

Mar 2013
March 22, 2013

COA Opinion: ICWA does not impose duty on petitioner to investigate the minor child's genealogy

In In re C. I. Morris, the Court of Appeals held that where there is no record evidence that a child is eligible for membership in any Indian tribe, and where the caseworker and trial court have assured that all available genealogical information has been provided to potential tribes, the burden shifts to the respondent to show that the child is an 'Indian child' fo

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