In re Adoption of M.L.K.
Citations
- 2023 Ohio 3184
Syllabus
Father waived his constitutional challenges to R.C. 3107.07(K), which sets forth circumstances in which a parent's consent to the adoption of his or her biological child is not required, by not raising them in the probate court. He also failed to object within 14 days of the notice of the petition for adoption. The notice of the petition for adoption informed Father of the requirement to file objections, and the language was not misleading. The probate court erred, however, in granting summary judgment in favor of Petitioner on his petition for adoption, because a genuine issue of material fact existed regarding whether or not Father was properly served with notice of the hearing on the petition. Judgment reversed and remanded.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “in ruling on a motion for summary judgment, the judge must view the evidence presented through the prism of the substantive evidentiary burden”
- holding that the evidence of the non-moving party is to be believed and all justifiable inferences must be drawn in his favor
- holding that summary judgment is appropriate “if the evidence is such that a reasonable jury could [not] return a verdict for the nonmoving party”
- holding that party bearing burden of persuasion must set forth sufficient factual material to support determination that burden of persuasion has been satisfied
- holding that party bearing burden of persuasion must set forth sufficient factual material to support determination that burden of persuasion has been satisfied
- holding that the clear and convincing evidence standard, when applicable, must be taken into account at the summary judgment stage
Source: CourtListener parenthetical corpus (CC0).
Judges: Huffman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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