Bar Briefs - Dawn M. Prokopec, 90th President of the Macomb County Bar Association
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Bar Briefs
July 2018
Dawn M. Prokopec,
90th President of the
Macomb County Bar Association
Volume 37 Official Publication of the Macomb County Bar Association Number 01Dedicated to Elder Law Solutions.
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319 Northbound Gratiot Avenue . Mount Clemens, MI 48043 . simaskolaw.comBar Briefs
Macomb County Bar
Association
2018-2019 Board of Directors
President
Dawn Prokopec
(313) 417-2200
President Elect
Jon C. Biernat
(586) 493-5377
Secretary
Joseph Golden
(586) 226-2627
Treasurer
Francesco Briguglio
(248) 593-9090
Immediate Past President
Karen Trickey Pappas
(248) 764-1268
Directors / Term Ending
IN THIS ISSUE: Calvin Brown[2019]
(586) 778-7778
Dana Freers [2019]
4 Dawn M. Prokopec (586) 795-4150
By Deborah O’Brien, Ihrie O’Brien and Peter W. Peacock [2019]
Trish Oleksa Haas, Haas Prokopec (586) 469-0400
Donald Gillain [2020]
6 Circuit Court Corner (586) 481-4297
By 16th Circuit Court Lori Smith [2020]
Administration (248) 646-8292
Ryan Zemke [2020]
8 Some Evidence (586) 612-8056
FEATURE: By Hon. Carl Marlinga,
Macomb County Circuit Court
Annemarie Lepore [2021]
(586) 783-3300
Susan Chrzanowski [2021]
(586) 801-3558
12 Meet the Young Lawyers Section Chase Robl [2021]
Board of Directors 2018-2019 (586) 954-9500
By Laura Polizzi, Laura E. Polizzi, PLLC Young Lawyers Section Chair
and Young Lawyers Section Treasurer Katherine Krysak [2019]
(248) 388-8880
16 Family Law Women Lawyers Association of
What Is a Final Order? Michigan - Macomb Region
By Randall J. Chioini, Chioini Group Farrah Ramdayal [2019]
(586) 239-0871
PLLC and Family Law Committee Chair
Dawn M. Prokopec 18 Classified
MCBA Staff
Executive Director
By Deborah O’Brien and Rick R. Troy
Trish Oleksa Haas RTroy@macombbar.org
Associate Executive &
Macomb Bar Association Communications Director
Macomb County Circuit Court Building Dawn M. Fraylick
40 North Main St., Suite 435 DFraylick@macombbar.org
Mount Clemens, MI 48043-1037 Receptionist
Phone: (586) 468-2940 Shawn Szymborski
Fax: (586) 468-6926 • MacombBar.org
Editor in Chief - Aaron J. Hall
Managing Editor - Dawn M.
Editor’s Note: The opinions expressed in Bar Briefs do not reflect the official position of the MCBA, nor does this publication Prokopec
constitute an endorsement of the views expressed. Bar Briefs (ISSN0886-506X) is published monthly by the Macomb County
Bar Association. Copyright 2018 by the Macomb County Bar Association. Periodical class postage paid at Royal Oak MI 48043.
POSTMASTER: Send address correction to MCBA Bar Briefs, 40 North Main St., Suite 435, Mt. Clemens, MI 48043-1037.Dawn M. Prokopec
by Deborah O’Brien, Ihrie O’Brien
When I made my first like me. I scooped her up like a embryonic music of my sweet
trek into Macomb County Circuit mother hen and spent the next 14 Paulina Jayne. Dawn found her
Court more than three decades years clucking into her ear with a passion, however, in family law,
ago, the population of female mother’s love of her favorite child. and we partnered in every case,
attorneys in the metro area working side by side. The
was minuscule. My gender consummate “people person,”
was not yet allowed to walk Dawn took particular interest in
into the front door of the the client’s story on a personal
Detroit Athletic Club, let level. She poured herself into
alone seek membership, and her legal work and excelled in
my first boss had told me I her efforts, having earned every
had to “ugly myself up” to be point of light in her Rising Star
taken seriously. Breaking into status within SuperLawyers.
the mostly male bastion on a Dawn also married and
social level was equally tricky became a super-mom during
for me as having been raised our years together, bringing
on a farm. I had never spent her elemental intensity to both
a single day golfing, and commitments. Racing from
having had a little baby boy court to gymnastics to the ice
within 6 months of getting rink to the office, she tackled
my law license, I had no time her responsibilities with joy
for after-work chitchat at the and tireless energy. Without
pub. Thankfully, a network Dawn M. Prokopec question, her experiences on a
of similarly situated women personal level strengthened her
lawyers began to grow, and we And she made me look lawyering to which she brought
actively laid the groundwork for like a mentoring genius.
the sister counsel who would come Dawn mastered whatever
in droves after us. she touched. When she
Leading that legion in prosecuted in district
2003 was a tall, unapologetically court for our municipal
beautiful and brainy blonde, clients, she gained
editor of her law review, a brilliant not only the respect of
diamond emerging from the judges and colleagues,
rough, with a glittery smile but she somehow enhanced
enough natural edge to cut king her popularity while
cobra in two with only her tongue, generally saying no
if necessary. She was a Macomb to defense attorneys.
County native, a University of She tackled projects
Michigan graduate with honors, a with record speed,
law school scholar and stand-out, confident in her ability The Prokopec Family
and president of everything along to find the answer or a
the way. Dawn Marie Prokopec creative solution, unafraid of uncommon common sense and
was a wanna-be mentor’s dream any challenge. She even became empathy.
apprentice, especially for a “girl” the copyright lawyer for the Despite her hectic
MACOMBBAR.ORG 4 JULY 2018schedule, Dawn took my early advice to get involved her optimism and great sense of humor has been a
with the Macomb Bar and to attend everything welcome addition to the office.
and do everything I could not in my early years. I Not only is Dawn a talented writer, but
actually told her she should become its president.
Dawn volunteered with such gusto and creative
innovation in each circumstance that she quickly
became the preferred draftee chair of virtually
every committee or project. Indeed, “get Dawn to
do it,” has to be the most repeated refrain in the
bar association lexicon! She has served in every
capacity from chair of the Young Lawyers Section to
President of our Macomb Bar Foundation where she
distinguished our county bar statewide at the State
Bar Annual Meeting, and everything in between and
beyond. Trish Oleksa Haas and Dawn M. Prokopec
And now, Dawn Marie Prokopec is to
serve as President of the Macomb Bar. I relish she’s also a skilled visionary and problem solver.
it. I secretly want to believe that my mentoring She’s organized and always up to date on the latest
has come full circle, but in reality, it is simply technology. She has certainly improved and stream-
who Dawn is and what she is meant to be. She lined our office processes and procedures since
cannot help it. Leadership is in her blood just as is joining me.
entrepreneurship. On the one hand she will take The Macomb Bar is lucky to have Dawn as
your coat, pour you a cup of coffee, cook you a meal it’s President. I am certain that she will do amazing
while still in her suit, because those thousands of things this year.
years of female acculturation make her do it, but on
the other, she will wear the armor and bear-
up for the fight in the legal arena with the
countenance of a warrior. And all the while,
she will still be a natural blond like me. I am
overjoyed at this occurrence. I’m completely
delighted. All I can say is yee haw! Oh, and
by the way, I have also told her she needs to
become President of the State Bar of Michigan.
by Trish Oleksa Haas,
Haas Prokpoec
Dawn and I went to law school together
at University of Detroit Mercy where we were
both Law Review editors. After graduation, our
paths frequently crossed because even though
we were in different firms, we both primarily
practiced family law.
After much persistence and persuasion,
in July 2017, Dawn finally agreed to start a new
chapter in her life as my law partner! I am so
happy and humbled that she agreed to join me.
Dawn’s tenacity and hard work, coupled with
MACOMBBAR.ORG
5 JULY 2018Circuit Court Corner
by Macomb County Circuit Court Administration
Because of the ongoing renovations at the members of public conducting business with the
County Courthouse, several relocations are taking Judicial Aide Department are involved in matters
place this summer. The 3rd floor is closing down at the Circuit Court, so this relocation should
for renovations, and the 4th floor is reopening. better serve the public. This move is currently
Judge Mark Switalski, Judge Edward Servitto, planned for the week after Labor Day.
Judge Joseph Toia, and Judge Michael Servitto
are relocating to the 4th floor. Chief Judge
James Biernat, Jr. is temporarily moving to the
6th floor. The Macomb County Bar Association
is returning to its offices on the 4th floor of the
County Courthouse.
Later on, the Judicial Aide Department
will be permanently relocating from the 1st floor
of the Old County Building to the 6th floor of the
County Courthouse. Most of the attorneys and
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MACOMBBAR.ORG 7 JULY 2018Some Evidence
Hon. Carl Marlinga,
Macomb County Circuit Court Judge
I apologize to regular “owns” the privilege. The physician assert the privilege in spite of the
readers about missing the June, must not disclose the protected wishes of the other.
2018, issue. I had three trials information or private conversa- These privileges have de-
back-to-back-to-back, and I found tion unless and until the patient veloped over the course of centu-
my regular job interfering with says it is okay to disclose. Once the ries in order to reflect British and
my ability to get an article filed on patient consents to disclosure, the American value judgments that
time. physician cannot separately say in some cases the search for truth
As promised back in May, that he or she still declines to dis- must take second place to a more
this article will discuss MRE 501, close because the physician prefers cherished interest. We want people
which states: “Privilege is gov- not to make public details about to enjoy total trust and confidenti-
erned by the common law, except how he or she practices medicine. ality in a marriage. We understand
as modified by statute or court The same holds true with the the need for a person to be unhesi-
rule.” At the outset, therefore, attorney-client privilege, although, tatingly truthful to one’s lawyer or
it is important to recognize that with that privilege, the attorney physician. We believe that saving
although the assertion of a privi- may assert the privilege on behalf a person’s immortal soul or, at
lege does affect what information of the client. Nevertheless, if the least, giving a person inner peace
comes in as evidence, the drafters client makes a knowing waiver of through confession of his or her
of the rules made a determination the privilege, the attorney cannot transgressions, is more important
that this area of the law is so com- override the wishes of the client. In than convicting that person of a
plex and fluid, that it was best left the clergy-penitent privilege, it is crime.
to the extensive body of case law the penitent who owns the privi- As years roll on and society
that was developed over the cen- lege and he or she may, as with the changes, we also recognize new
turies, as augmented and refined, other privileges, waive it to force privileges. In the early nineteen-
from time to time, by legislative disclosure. This is true even if the seventies, as investigators were
statutes. clergyman is a priest in the Catho- closing in on the Nixon White
The threshold question in lic religion who has taken a vow to House, the president and his
the assertion of any privilege is keep inviolate the “seal of confes- lawyers came up with what many
who has the right to assert it. For sion”. An exception to the general regarded as a real knee-slapper of
example, in the physician-patient rule is the marital privilege where a truly absurd extension of the law
privilege, it is the patient who either the husband or the wife can of privileges – Executive Privilege.
MACOMBBAR.ORG 8 JULY 2018This was the idea that a president course, they are acting under the applied the statute to hold that an
could prevent cabinet members direct supervision of a physician. attorney’s ex-parte interview with
and aides from testifying against Even physicians who do practice the plaintiff’s treating physician was
him about things he said and did medicine or perform surgery are proper. The plaintiff in a medical
because of the need for strict se- not covered unless the information malpractice action had signed a
crecy in all top level meetings with was necessary to provide medical waiver allowing her new treating
the president. As novel as the idea care or treatment. In Swickard v physician to disclose information
was at the time, it stuck; and so we Wayne County Medical Examiner, about her condition. The plaintiff’s
added a fairly significant barrier to 438 Mich 536, 475 NW2d 304 counsel expected the information to
weeding out wrongdoing and cor- (1991) the Supreme Court held that be provided in the course of formal
ruption in government at the high- information gained by a physician discovery, and had not foreseen the
est level. who performed an autopsy is not possibility that an attorney would
The saving grace about subject to the physician-patient talk to a treating physician privately
privileges is that all of them are sub- privilege because the doctor is not outside of a deposition. The Court
ject to reasonable rules and logical providing medical care or perform- of Appeals held that by bringing
exceptions. Starting this month, we ing surgery as contemplated by a malpractice action, the plaintiff
will examine them. the statute. In short, the doctor at had waived her physician-patient
The physician-patient privi- the time of the examination (the privilege as it pertained to her new
lege is codified at MCL 600.2157. autopsy) is not providing medical treating physician. The Supreme
It is long and somewhat tedious to care or treatment. The same logic Court affirmed.
reprint here in its entirety; but it was applied in Estate of Green v St. In Holman v Rasak, 468
is a good read. There are sufficient Clair County Road Commission, Mich 429, 785 NW2d 98 (2010),
nuances in the statutory language 175 Mich App 478, 438 NW2d 630 the Supreme Court visited the issue,
that make it mandatory for any (1989) where the Court of Appeals holding that the Health Insurance
litigator to quote directly from the held that the trial court improperly Portability and Accountability Act
statute when attempting to assert prevented a medical examiner from (HIPPA) does not preempt Michi-
or defeat the privilege. (This is true, testifying about the blood alcohol gan law permitting defense counsel
generally, for all the privileges. Just level of a deceased. Similarly, in from conducting ex parte interviews
because we know, or think we know, VanSickle v McHugh, 171 Mich with a plaintiff’s treating physi-
the marital privilege or the attorney- App 622, 430 NW2d 799 (1988) cian in medical malpractice cases,
client privilege, does not mean that, The Court of Appeals affirmed the provided that reasonable effort have
by analogy, we necessarily know circuit court’s determination that been made to secure a qualified
the law of privileges as it applies to no physician-patient privilege exists protective order guaranteeing non-
other professions or relationships.) between an insured and a physician disclosure outside of the litigation,
But back to the statute for who examines him on behalf of the consistent with the purposes of
the physician-patient privilege. no-fault insurance carrier, since the HIPPA. There is, however, an ongo-
The first sentence provides that “a purpose of the examination is not ing dispute regarding the Supreme
person duly authorized to prac- to prescribe for the patient, perform Court’s holding in Holman. In
tice medicine or surgery” shall not surgery, or render medical care. Thomas v 1156729 Ontario, Inc.,979
disclose information acquired in The next sentence of MCL F Supp2d 780 (E.D. Mich 2013) the
attending a patient if the informa- 600.2157 provides that if a patient United States District Court for the
tion was necessary to enable the brings an action for medical mal- Eastern District of Michigan (David
person to prescribe for the patient practice against a physician and M. Lawson, J.) granted a protective
as a physician, or to do any act for calls another physician as a wit- order allowing defendants to con-
the patient as a surgeon.” Health ness to testify on his or her behalf, duct private ex parte interviews of
care professionals, such as nurses, the patient “shall be considered to the plaintiff’s medical providers, but
optometrists, chiropractors, and have waived the privilege” as to that stated, in dicta, that Holman was
others who do not practice medi- testifying physician. In Damako v wrong in its statement that HIPPA
cine or perform surgery are not Rowe, 438 Mich 347, 475 NW2d 30 does not preempt Michigan law. It
covered by the statute – unless, of (1991), the Michigan Supreme Court is beyond the scope of this article
MACOMBBAR.ORG 9 JULY 2018to further analyze the matter, and question of what happens if there Court in Harvey v Silber, 300
medical malpractice lawyers who is disagreement among several Mich 510, 518; 2 NW2d 483 (1942).
have to deal with this issue know heirs as to whether the privilege Consistent with the last sentence of
far more about it than I do anyway. should be waived. In Scott v Henry MCL 600.2157 the court also noted
If you stumble upon this dispute in Ford Hospital, 199 Mich App 241, that the privilege may be waived,
your area of practice, just be aware 501 NW2d 259 (1993) the Court of without the appointment of a
that this is an area of substantial Appeals stepped in to resolve these personal representative in probate,
controversy. questions. In Scott, the widow of by the named beneficiary of a life
The final sentences of the a deceased filed a complaint seek- insurance policy in an action on the
statute apply to probate court ing the production of medical policy. Drouillard v Metropolitan
proceedings. They provide that the records concerning her husband Life Ins. Co., 107 Mich App 608,
heirs at law of the patient “whether from Henry Ford Hospital. At the 616-617; 310 NW2d 15 (1981).
proponents or contestants of the time of filing suit, she had not been Next month we will con-
patient’s will, shall be considered to appointed the personal representa- tinue to explore the many privileges
be personal representatives of the tive of his estate. The plaintiff relied that exist; but please note: Our dis-
deceased patient for the purpose on MCL 600.2157 as authority that cussion will necessarily be the most
of waiving the privilege under this the “heirs at law” or, presumably, basic “Privileges 101” introductory
section in a contest upon the ques- any one of them could waive the survey course, because the permu-
tion of admitting the patient’s will privilege. The trial court held that tation of issues to be explored is
to probate.” The statute, somewhat the wording of the statute was not rather vast. The goal of the exercise,
awkwardly, seems to suggest that meant to grant the power to waive as it was in this month’s column,
any of the heirs at law of a de- the privilege to any person other will be merely to alert our senses to
ceased have the power to waive the than the personal representative issues that may unexpectedly arise
privilege; and, to add even further duly appointed in probate court. when someone seeks to assert a
ambiguity, the statute does not The court cited and relied upon the privilege.
provide an answer to the obvious holding of the Michigan Supreme
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MACOMBBAR.ORG 11 JULY 2018Meet the Young Lawyers Section
Board of Directors 2018-21019
By Laura Polizzi, Laura E. Polizzi, PLLC and
Young Lawyers Section Treasurer
For those of you who certainly brighten the future Recently, she accepted an
don’t know me, I am a solo of the Macomb County Bar associate attorney position with
practitioner and presently Association. the firm Fausone Bohn, LLP,
the Treasurer of the Young Katherine Krysak is in Northville. Katherine lives
Lawyers Section (YLS) of the the Chair of the Young Lawyers in Ferndale with her long-term
Macomb Bar. I also serve as Section. boyfriend and “kitten child,”
the Secretary of the Women’s Katherine Maggie.
Lawyers Association of earned her law Goran Antovski is
Macomb and a Trustee of degree from presently the Vice Chair of the
the Macomb County Bar University MCBA Young Lawyers Section.
Foundation. My practice is of Detroit For over
primarily focused on complex Mercy and her five years
domestic litigation (divorce, undergraduate he has been
custody, paternity, child degree from practicing
support, parenting time), Albion College criminal
business and real estate as well after attending Marian High defense and
as other litigation. I am fluent School. Katherine has focused personal
in Spanish and speak Italian. In her practice on all aspects of injury. Goran practices in
my spare time I enjoy travelling family law representing clients Mount Clemens with his
with my husband, Vito and seeking divorce, change of law partner, Paul Addis, at
spending time with my family. domicile, child and spousal Michigan Justice, PLLC.
It is my pleasure to support modifications, changes Prior to forming Michigan
introduce the Young Lawyers to child custody and parenting Justice, he worked at a small
Board of Directors for 2018- time arrangements, and step- firm in Mount Clemens. After
2019. We have an energetic parent adoption in Oakland, graduating from Wayne State
group of young people who will Macomb, and Wayne County. University, he earned his
MACOMBBAR.ORG 12 JULY 2018Juris Doctorate from Western at Lakeshore Legal Aid where Josie, at any restaurant
Michigan’s Cooley Law School. she provides legal services with a patio, soaking up some
When he is not working Goran to indigent clients, senior sunshine with their basset
likes to read and to improve citizens, and victims of domestic hound, Ajax.
his lawyering skills. Goran violence. Bill Barnwell is a newly
likes being a part of the Young Aaron J. Hall is a elected director of the YLS. He
Lawyer’s Section because it Research Attorney for the 16th became licensed to practice law
allows him to meet new people Judicial Circuit Court. In 2016, in 2015 and
and help new lawyers integrate he received the “Most Active immediately
into the community. Young Lawyer” began his own
Sherman Abdo is the award from the firm, Barnwell
Secretary of the Young Lawyers Young Lawyers Law, PLLC.
Section. Sherman mainly Section (YLS). His practice
practices in He is the focuses
the areas Editor-In- exclusively
of criminal Chief of Bar in criminal
law and Briefs, the law. Bill has succeeded in
real estate. MCBA’s official multiple jury trials and his
Sherman is publication. He serves as a greatest passion is trial work,
married to Director of the Young Lawyers litigation, and criminal justice
Gina Abdo Section and is a Trustee for reform, maintaining that
and they have the Macomb County Bar more people are wrongfully
a beautiful little girl named Foundation. Mr. Hall graduated prosecuted and plea to crimes
Vivian. When Sherman is asked from the University of Detroit that they did not commit than
how he likes spending his time Mercy School of Law. During is publicly realized. As well as
he has stated, “I enjoy drinking law school, he was an intern for having a growing practice, Bill is
small batch bourbons and Judge James M. Biernat Jr. at the Lead Pastor at Royal Oak
hanging out with my baby girl the 16th Judicial Circuit Court, Church and has served in
Vivian.” and an extern for Justice David ministry for over 17 years. He
Laura I. Marji is the F. Viviano at the Michigan holds a Master of Theology and
outgoing chair. Practicing for Supreme Court. a Master of Ministry from Bethel
8 years, primarily in Macomb Chris Metry, is a College. He is politically active
County, with Michigan Law Director on the YLS Board. For in Warren and Macomb County,
Services, PLLC in Utica. Laura the past three years he has been and serves as the lead campaign
focuses on family law and estate in private practice, focusing strategist for his wife, Lorie
planning. mainly on criminal defense and Barnwell, who is the elected City
Alecia Golm is a some family law matters. Chris’ Treasurer of Warren, and has
director on the YLS Board. office is in downtown Mount assisted and consulted various
Alecia has been practicing in Clemens, where he works with other elected officials. Bill enjoys
Macomb County for three years, his father, Mark Metry. His spending time with his wife and
where she started out in private grandfather, Gill Metry, began their 5-year old son, Little Bill
practice as “of counsel” with the the practice, making Chris Barnwell.
Andary, Davis & Andary firm. a third generation Macomb
Alecia made the switch in 2017 County attorney. When he
to go back to legal aid (where is not going from court to
she interned in law school) court fighting for his clients,
and became a Staff Attorney you can find he and his wife,
MACOMBBAR.ORG 13 JULY 2018MACOMBBAR.ORG 14 JULY 2018
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MACOMBBAR.ORG 15 JULY 2018What is a Final Order?
by Randall J. Chioini,
Chioini Group PLLC and Family Law Committee Chair
If a client is unhappy with the issue of what order “affects tion at hand was whether an or-
a court order or feels it is unjust, the custody.” Is legal custody der regarding a legal custody is-
he or she is entitled to an appeal. included in the definition of cus- sue was appealable by right or by
In general, a court’s final order or tody under MCR 7.2025(6)? The leave.
judgment is appealable by right. question of whether temporary Instead of deciding the is-
MCR 7.203. This means that a custody, parenting time, and legal sue, the Michigan Supreme Court
party has the right to an appeal. custody orders affect custody has issued an order in Marik on No-
For all other orders that are not resulted in conflicting case law vember 16, 2017. The order stated
considered final, a client is still throughout the years. The Michi- that Ozimek was overruled. The
able to pursue an appeal, but gan Court of Appeals and fam- Supreme Court indicated that
must ask for permission from the ily law practitioners have since the lower court erred in conclud-
court. This process is known as called for clarity on the matter. ing that the term custody did not
an appeal by leave. While many In 2017, the Michigan include the concept of legal cus-
of us do not exclusively handle Supreme Court granted leave to tody. Marik was remanded to the
appeals, we do often have to two cases regarding the issue of Court of Appeals for reconsidera-
consult with clients on their ap- legal custody, Ozimek v Rodgers, tion of whether the circuit court’s
pellate rights. In family law, ap- 317 Mich App 69, 893 NW2d 115 order denying change of school
pellate rights can be tricky since (2016) and Marik v Marik, 501 motion was a final order under
some matters are only appeal- Mich 918, 903 NW2d 194 (2017), MCR 7.202(6) in light of Ozimek.
able by leave, while others have and held two cases in abeyance. Additionally, the Supreme Court
an automatic right by appeal. Both cases were appealed on stated “this Court has opened an
Some orders in family law, such similar grounds. In Ozimek, the administrative file, ADM File No
as judgments of divorces, judg- Court of Appeals ruled that “an 2017—20, to consider amending
ments of custody, and judgments order denying a motion to change MCR 7.202(6)(a)(iii).” Marik v
of paternity, are clearly final or- school is not an order affecting the Marik, 501 Mich 918, 903 NW2d
ders because its closes the cases. custody of the minor.” Therefore, 194 (2017).
However, when we start getting the claim was dismissed for lack The two cases that were
into prejudgment and postjudg- of jurisdiction. Again, in Marik, held in abeyance, Madson v Jaso,
ment issues, the issue becomes a the Court of Appeals administra- No 154529, ___ Mich ___ (Mar
bit gray. There is always been the tively dismissed the claim of ap- 21, 2018)(interim makeup par-
looming question: what is consid- peal for lack of jurisdiction. The enting time was not appealable
ered “a final order”? court held that an order to con- by right) and Royce v LaPorte,
Per the Michigan Court firm school enrollment was not No 156131, ___ Mich ___ (Mar
Rules, a final order in a domestic an order affecting the minor’s 21, 2018)(interim denial of par-
relations action is “a postjudg- custody under MCR 7.202(6)(a) enting time was not appealable
ment order affecting the custody (iii). The decision of choosing a by right), were remanded to the
of a minor.” MCR 7.202(6)(iii). child’s school is considered legal Court of Appeals for reconsidera-
There is a lot of confusion on custody issue. The major ques- tion in light of Ozimek.
MACOMBBAR.ORG 16 JULY 2018The Michigan Supreme Court has since pro-
posed amendments to MCR 7.202 to clarify what
constitutes a final postjudgment order in a domestic
relations case for purposes of appeal by right. Specif-
ically, postjudgment orders that would be appealable
by right under the amendments would be delineated
in the rule as follows:
. . . a postjudgment order that, as to a minor,
grants or denies a motion to change legal
custody, physical custody, domicile, parent-
ing time, grandparenting time, school enroll-
ment or religious affiliation; or authorizes or
denies medical or mental health treatment.
Law Offices of
ADM File No. 2017-20. These proposed amendments
have been debated by many family law practitioners.
Sean Patrick Cox
Paying referrals for cases in the
Some attorneys believe that important decisions that
Grand Rapids & Surrounding West
affect the welfare of the child, which are included in
Michigan Communities
the list in the proposed amendments, should be ap- 3351 Claystone S.E. Suite 111
pealable by right. Additionally, the proposed amend- Grand Rapids, MI 49546-5781
ment is much easier to understand. It would make Sean.Cox@SeanCoxLaw.com • SeanCoxLaw.com
Cell: (616) 558-5745 • Fax: (616) 940-4183
advising clients a lot simpler. You would be able to
advise clients on appeals, without the uncertainty of (616) 942-6404
whether an order appeal is by right or by leave.
However, some attorneys feel that broader
ADR
definition of a “final order” will open the flood gates
for appeals. For example, orders about holiday par-
enting time would be appealable by right. The at- Retired Macomb County Circuit Judge
Available for Mediation, Facilitation or
torneys against the proposed amendments feel that
Arbitration
some issues, like the example, are not important
enough to be appealable by right. It will also take 134 Market St.
away from the relief that is available in the circuit Mt. Clemens, MI 48043
court level, such as motions for reconsideration.
P: (586) 770-4713
We are still in the comment period of these
proposed amendments, which will end August 1,
Hon. James M. F: (568) 461-5377
Biernat JamesMBiernat@gmail.com
2018. It will be an interesting journey to follow. If
you have any comments for or against the proposed
amendments, you can send them to the Michigan
Supreme Court Clerk in writing or electronically at FORENSIC POLYGRAPH EXAMINATIONS
P.O. Box 30052, Lansing, MI 48909, or ADMcom-
ment@courts.mi.gov. Regardless of whether the J. P. Carey Consulting, Inc.
CRIMINAL SUSPECT TESTING • CIVIL STATEMENT VERIFICATION
proposed amendments are adopted, it seems like FAMILY LAW & INSURANCE ISSUES RELATED TO DIVORCE, CUSTODY, ARBITRATION
something needs to happen to clarify the court rule.
J. Paul Carey
The current state of MCR 7.202 is clearly riddled Certified Forensic Polygraph Examiner
with uncertainties and questions. It makes our job Retired Detective/Polygraph Examiner, Sterling Heights Police Department
Member:
of advising our clients on the appellate rights much American Polygraph Association
more complicated. If these proposed amendments Michigan Association of Polygraph Examiners
are adopted, there will at least be some clarity to Sterritt Office Plaza, 45100 Sterritt, Suite 102, Utica, MI 48317
give our clients. (Northwest of M-59 & M-53) (586) 323-9620
MACOMBBAR.ORG 17 JULY 2018CLASSIFIED ADS
OFFICE SPACE forensic Account investigation and regular Account preparation
(especially those that are overdue!) Medicaid Applications.
EXECUTIVE / PROFESSIONAL OFFICE SPACE. Individual Liaison to Social Security, IRS, CMH, DHS, VA and County
offices and the potential for as much as 8,000 sq. ft. of contiguous caseworkers and resources. Investigations, inventorying,
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kitchen, and conference rooms. One site basement storage Charlene Tope at (586) 415-0136.
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24825 Little Mack Ave. St. Clair Shores, at 10 Mile. Call Bob WORKER’S COMPENSATION SOCIAL SECURITY
Garvey (586) 779-7810. DISABILITY: Charles A. Mancini and Roger R. Kline, 42
years in Macomb County winning over 150 million dollars for
MT. CLEMENS - Professional Office Space Available, 2 offices injured and disabled workers in the tri-county area. We honor
available, mail drop location, conference room, close to Circuit referral fees. Call us and trust your clients will be satisfied with
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at (586) 615-5617 or email stephenbeckerlaw@hotmail.com Warren (586) 751-3900.
DOWNTOWN MT. CLEMENS - Prime location for access to INFORMATION NEEDED
Macomb County Circuit Court. Furnished office. To arrange a
viewing, call Dawn at (586) 463-0300. I am searching for anyone who might have worked with Paul
W. Sawyer or W Whitney Sawyer. I am trying to locate the
DOWNTOWN MT. CLEMENS - 2 Completely furnished trust document for the William Alexander Pangman Trust (dated
offices and secretarial area in the Town Square Building. 10/28/1993). It appears that in 1993 William Pangman deeded his
Shared use of conference room and kitchen. Please call Susan ½ interest in property in Rochester Hills, Michigan to his Trust.
at (586) 493-6833 Ext. 202 The property never flowed into his wife’s trust at his death and
now that she has passed, the family wants to sell the property. If
PREMIUM MT. CLEMENS - Office space on Main Street you have any information please contact Bunni Lieberman at (248)
for rent. Walking distance to County Buildings with ample 977-4182.
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Contact Lorraine at (586) 469-5050
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- Fourth Floor furnished office, shared conference room,
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REFERRALS
KEVIN M. KAIN of the Law Firm Levine Benjamin has
obtained over 1,500 workers compensation settlements for
disabled workers over the last 20 years. Will pay referral fee
and provide status reports. Call Kevin M. Kain at
1-800-675-0613.
SOCIAL SECURITY and WORKERS COMPENSATION -
Casazza Law Offices - 140 years plus of combined experience
with Social Security Disability and Workers Compensation
claims. Offices in Southfield and Mt. Clemens. Referral Fees.
Call Gene Casazza at (586) 468-4400 or email
Gene@Casazzalaw.com
SERVICES
PROBATE SUPPORT SPECIALISTS, LLC - Decedent,
Conservatorship & Guardianship packages; Specializing in
Classified Ad: $25 for Members
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MACOMBBAR.ORG 18 JULY 2018FRASER & SOUWEIDANE
Personal Injury Lawyers
P.C.
Proven Results for your Client Referrals
Proudly Serving Detroit, Mt. Clemens & the Tri-County Area
www.fsattorneys.com • (586) 463-0100
10 S. Main, St., Suite 302, Mt. Clemens, MI 48046
MACOMBBAR.ORG 19 JULY 2018Macomb County Bar Association
40 N. Main St., Suite 435
Mt. Clemens, MI 48043
MacombBar.org
2018-2019
Dues Renewal
I AM
MACOMB
BAR
Dues Renewal Notices
• Online: Macombbar.org
• By Phone: (586) 468-2940
• By Mail: To Macomb Bar OfficeYou can also read
