16 results for 'cat:"Civil Procedure" AND cat:"Family Law" AND cat:"Jurisdiction"'.
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J. Longoria finds that the lower court properly terminated the mother's parental rights to her two children. The mother contends that the trial did not commence in a timely manner, alleging that the lower court engaged in a "false start" to avoid losing jurisdiction. However, the record indicates that preliminary motions were heard and a case worker was called to testify, before the parties agreed to recess. Also, the lower court did not abuse its discretion by holding a bench trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: August 24, 2023, Case #: 13-23-00145-CV, Categories: civil Procedure, family Law, jurisdiction
J. Alexander finds the trial court properly dismissed the attorney's petition for a writ of mandamus to compel the production of sealed documents. The documents were related to a separate case in family court and, therefore, the court could not grant any meaningful relief and lacked jurisdiction to modify the family court orders. Affirmed.
Court: Connecticut Supreme Court, Judge: Alexander, Filed On: August 7, 2023, Case #: SC20710, Categories: civil Procedure, family Law, jurisdiction
J. Edwards dismisses the father's appeal from an adoption judgment with instructions that the juvenile court "set aside the adoption judgment and all orders entered" in the proceeding. The adoption judgment is void and cannot support an appeal, because the probate court improperly transferred the proceeding to the juvenile court "without a motion from one of the parties." Accordingly, the juvenile court lacked jurisdiction.
Court: Alabama Court of Civil Appeals, Judge: Edwards, Filed On: July 21, 2023, Case #: CL-2022-1051, Categories: civil Procedure, family Law, jurisdiction
Per curiam, the Supreme Court of Ohio denies an individual's request to enforce a writ of procedendo because such a ruling would essentially be an advisory opinion applicable to all future filings in his domestic relations case, a type of relief this court cannot grant. However, his motion to declare his ex-wife a vexatious litigator will be granted as a result of her repeated, frivolous filings with the trial court, all of which were made solely in an effort to deprive the court of jurisdiction and prevent it from enforcing the writ of procedendo previously granted by this court.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: June 30, 2023, Case #: 2023-Ohio-2165, Categories: civil Procedure, family Law, jurisdiction
J. Miskel finds that the lower court improperly entered a default divorce decree. The lower court lacked personal jurisdiction over the husband. The record does not show that "a return of service was filed with the trial court as required by Rule 107." Accordingly, the divorce is void, and the case should be remanded for further proceedings. Reversed.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: May 26, 2023, Case #: 05-22-00068-CV, Categories: civil Procedure, family Law, jurisdiction
J. Wicker vacates the trial court's order granting the intrafamily adoption of a child because it lacked subject matter jurisdiction to consider and render judgment. The evidence shows that litigation regarding the custody of the child was already pending in the Jefferson Parish proceedings at the time the petition for intrafamily adoption was filed in St. Charles Parish. Vacated.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 24, 2023, Case #: 23-CA-45, Categories: civil Procedure, family Law, jurisdiction