two lower courts circumventing circuit court order

This is a discussion on two lower courts circumventing circuit court order within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; On March 17, 2011 the Ingham County Circuit Court issued an Order requiring the Probate Court to reverse a decision, and remand, in the matter of my daughter, Beverly. The ...

Results 1 to 2 of 2
  1. #1
    Junior Member
    Points: 329, Level: 6
    Level completed: 58%, Points required for next Level: 21
    Overall activity: 0%
    Achievements:
    3 months registered250 Experience Points

    two lower courts circumventing circuit court order

    On March 17, 2011 the Ingham County Circuit Court issued an Order requiring the Probate Court to reverse a decision, and remand, in the matter of my daughter, Beverly. The Circuit Court made it clear that Ingham County is improper venue in the matter of Beverly. The higher court, therefore, ordered the lower court to reverse its decision in which it (lower court) declared itself to be the proper venue.

    On March 22, 2011, five days after the issuance of the Circuit Court Order, the Judge Richard Garcia never reversed his own Order. Instead, in accordance with the Circuit Court Order, he transferred venue to Kalamazoo County without a hearing.

    On April 20, 2011 a hearing apparently was held in Kalamazoo County Probate Court involving the transfer of venue. That Court, inconsistent with the Circuit Court Order, denied that Kalamazoo County is proper venue in the matter of Beverly. Though the Order composed by judge Halstead of Kalamazoo County indicates a hearing was held, I, the Appellant in the Circuit Court, was neither notified nor invited to the hearing.

    When a brief is filed in the Circuit Court the Appellee is required to file a response brief. In the matter of Beverly, the Appellee never filed a response brief. Therefore, she, Illene Jolly, has no right to appeal the decision of the Circuit Court.

    Despite the fact that the two probate courts entered orders on March 22 and April 20 respectively, I did not obtain a copy of either order until I requested them four months later when I became concerned that no order had been given.

    Questions
    1. Can a lower court (Kalamazoo County Probate Court) effectively reverse a higher court decision?
    2. Because neither probate court notified me of a hearing, have my due process rights been violated?
    3. Does the Circuit Court's venue decision still stand given the facts above?
    4. If the decision still stands in spite of the Kalamazoo judge's attempt to deny venue, what legal recourse can now be taken?
    5. After a judge enters an Order, is he required to inform the parties?

    Thank you


  2. #2
    Administrator
    Points: 110,886, Level: 100
    Level completed: 0%, Points required for next Level: 0
    Overall activity: 93.0%
    Achievements:
    Created Blog entryOverdriveTagger First Class50000 Experience PointsVeteran

    I am a little confused by the facts you provided but I will attempt to answer some of your questions:
    1. No however from what it appears, the lower court did not reverse the higher court decision. The higher court simply stated that Ingham county was not proper venue but they did not specify what was proper venue. Therefore, the judge correctly attempted to move the case to another county however that county determine it was not the proper venue either. Neither of these actions is inconsistent with the higher courts decision.
    2. Possibly. Due process violations are a complicated issue and is something you should discuss with a local attorney. It really may depend on how the lack of notification negatively affected your case. Again from what it appears, the decision to not notify you here did not deprive you of anything.
    3. Most likely yes
    4. I am confused here. What was the actual decision? Was there an actual trial here or was all this simply to determine proper venue?
    5. I believe so.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.


 

Similar Threads

  1. Replies: 2
    Last Post: 10-12-2011, 10:29 AM
  2. Restraining order
    By Jackie in forum Family Law Questions
    Replies: 1
    Last Post: 09-15-2011, 11:39 PM
  3. Video: What Do I Have To Prove In Order To Have A Dog Bite Case?
    By Legal Help in forum Video Comments Forum
    Replies: 0
    Last Post: 08-27-2011, 06:28 PM
  4. Video: How do I get a restraining order?
    By Legal Help in forum Video Comments Forum
    Replies: 0
    Last Post: 08-25-2011, 05:34 PM
  5. Video: Legal Information : How to File for a Restraining Order
    By Legal Help in forum Video Comments Forum
    Replies: 0
    Last Post: 08-25-2011, 05:34 PM