345 results for 'cat:"Civil Procedure" AND cat:"Family Law"'.
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the mother's petition for a writ of mandamus in a child custody case. The motions cited in her initial filing had either been ruled on by the judge in her custody case or were not motions that required a response; therefore, her claims are moot. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 16, 2024, Case #: 2024-Ohio-1387, Categories: civil Procedure, family Law
J. Reichek finds in this restricted appeal that the lower court improperly terminated the mother's parental rights. The mother argues that her attorney "failed to appear at trial," thus demonstrating ineffective assistance of counsel. The court concludes that a "presumption of prejudice is warranted" under the circumstances and remands the case for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: April 9, 2024, Case #: 05-23-01142-CV, Categories: civil Procedure, family Law
J. Hassan finds that the trial court properly terminated the mother's parental rights to her son and appointed the department as the child's temporary managing conservator. The mother's argument that res judicata barred the department's second petition in intervention is without merit. Affirmed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: April 9, 2024, Case #: 14-23-00813-CV, Categories: civil Procedure, family Law
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J. Merchant dismisses a Suffolk County father’s civil rights lawsuit alleging the Suffolk County District Court violated his constitutional rights when it granted custody of his children to their mother. His claims concerning the court’s ruling are precluded by the domestic-relations abstention doctrine, the judges involved in the child custody case are entitled to judicial immunity and the remainder of his claims fail to conform to civil procedure by failing to name an official acting under state law.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: April 8, 2024, Case #: 2:24cv126, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, family Law
J. Mackey finds that the lower court improperly denied a father's motion to vacate a default order issued when he failed to appear at an in-person settlement conference on a petition to eliminate his overnight parenting time because evidence indicated car trouble kept the father from attending the hearing, which did not prejudice mother, since she already was on notice that he would oppose modifying his visitation. Reversed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 4, 2024, Case #: CV-23-0419, Categories: civil Procedure, family Law
J. Mackey finds that the lower court properly terminated a mother's parental rights on grounds that she abandoned her son, who had been in foster care since soon after birth. The mother contends due process violations occurred since the abandonment hearing had been held in her absence, but she had been aware of the hearing date, at which her attorney provided "zealous" representation. Affirmed.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: April 4, 2024, Case #: CV-22-2182, Categories: civil Procedure, family Law
J. Jenkins vacates the judgment ordering that a father shall no longer communicate with his children's school because that judgment is not a custody judgment but is a permanent injunction. In this case, a trial on the permanent injunction never took place. Further, the trial court failed to implement the correct procedures at an earlier hearing by not holding a full trial on the merits before ruling on a principal dispute. Vacated.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: April 3, 2024, Case #: 2023-CA-0502, Categories: civil Procedure, family Law, Injunction
J. Yarbrough finds that the lower court properly terminated the father's parental rights to his son. Contrary to the father's argument on appeal, the evidence sufficiently supports the finding that he "constructively abandoned" the child. The evidence specifically shows that he "failed to maintain any contact" with the child. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: March 19, 2024, Case #: 07-23-00452-CV, Categories: civil Procedure, family Law
J. Moore finds that the lower court improperly terminated the mother's parental rights to her child. The evidence does not sufficiently show that she abandoned the child or that she failed to provide for the child's needs, as she maintained custody "until DHR intervened" due to an alleged substance abuse problem and she exercised her right to visitation. The matter is remanded, and the lower court is directed to vacate its abandonment finding, as well as the finding that she "failed to provide for the material needs of the child." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Moore, Filed On: March 15, 2024, Case #: CL-2023-0517, Categories: civil Procedure, family Law
J. Davenport dismisses the wife's petition for leave to appeal the lower court's denial of her request to transfer a post-dissolution proceeding from Will County to Grundy County. The appeal is untimely, as her motion to reconsider before the lower court did not toll the 30-day deadline to appeal.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: March 13, 2024, Case #: 240103, Categories: civil Procedure, family Law
J. Kilbane finds the lower court erroneously granted the wife's motion to dismiss the husband's support modification order. The wife continued to participate in the post-divorce litigation with her husband for nearly a year before she filed her motion to dismiss on the grounds of improper service, and evidence indicates the initial notice was mailed to the wife's proper address. Reversed.
Court: Ohio Court Of Appeals, Judge: Kilbane, Filed On: March 7, 2024, Case #: 2024-Ohio-836, Categories: civil Procedure, family Law
[Consolidated.] J. Benavides conditionally grants, in part, the mother's petition for a writ of mandamus, in which she challenges a lower court ruling designating a nonparent as her son's managing conservator. The lower court must vacate its previous orders, issued in June 2023, as the department failed to timely file its motion for reconsideration.
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: March 7, 2024, Case #: 13-23-00433-CV, Categories: civil Procedure, family Law
J. Pedersen finds that the lower court properly entered a final divorce decree. The appellant contends that the judgment failed to detail how her property would be transferred to her, but the court disagrees that the instructions in the decree lacked detail. Also, the trial court has the power to enforce the decree. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: March 7, 2024, Case #: 05-22-01235-CV, Categories: civil Procedure, family Law, Property
J. Robinson finds the appeals court erroneously dismissed the husband's appeal of the trial court's decision for lack of jurisdiction. A trial court's denial of summary judgment on a claim of collateral estoppel is immediately appealable under Connecticut procedural law. Additionally, because the trial court reviews the daughter's tortious interference claim regarding her mother's will de novo through a trial, the preclusive effect of the probate court's decision regarding the claim is suspended, and the case must be remanded to that court for trial. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: March 6, 2024, Case #: SC20722, Categories: civil Procedure, family Law, Wills / Probate