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· 4/13/2021

In re Baby Boy N.

Citations

  • 2021 Ohio 1272

Syllabus

The trial court did not err when it adopted the magistrate's decision terminating the parental rights of appellee. No party requested findings of fact and conclusions of law under Juv.R. 40 and appellee, who never established paternity, did not object to the magistrate's decision to grant the motion for permanent custody. The agency made the reasonable efforts at reunification required by R.C. 2151.419, as evidenced by repeated attempts to assist appellee with establishing paternity. The trial court did not err when it overruled the objection to exclude appellee's mother as a witness at the permanent custody hearing, who never intervened as a party, as the purported subject matter of her testimony was not relevant to the best interests of the child under R.C. 2151.414. Judgment affirmed.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that under Florida law, a party seeking to enforce a promissory note must “either present the original promissory note or give a satisfactory explanation for its failure to do so”
  • best evidence rule satisfied when original note is filed with court prior to trial, even if copies not admitted in evidence
  • “A mortgage is not a ‘negotiable instrument,’ a ‘security,’ ‘or anyother writing that evidences a right to the payment of money.’ ” (quoting § 90.953(1), Fla. Stat. (2010))
  • “possession of the original note is a significant fact in deciding whether the possessor is. entitled to .enforce its terms.” (citing Riggs v. Aurora Loan, Servs., LLC., 36 So.3d 932, 933 (Fla, 4th DCA 2010))

Source: CourtListener parenthetical corpus (CC0).

Judges: Mentel

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