Wednesday, March 26, 2014
Ind. Decisions - Supreme Court reinstates NFP COA opinion in Matter of C.A.H.
In an order filed March 21 and posted today, In the Matter of the Adoption of C.A.H., Minor, J.N.E. v. L.M.H., the Supreme Court writes:
By order dated January 16, 2014, the Court granted a petition seeking transfer of jurisdiction from the Court of Appeals. After further review, including considering the points presented by counsel at oral argument and discussion among the Justices in conference after the oral argument, the Court has determined that it should not assume jurisdiction over this appeal and that the Court of Appeals not-for-publication memorandum decision, Matter of C.A.H., 49A02-1302-AD-129 (Ind. Ct. App. July 23, 2013), should be reinstated as a memorandum decision. See Appellate Rule 65(D). Accordingly, the order granting transfer is VACATED, and transfer is hereby DENIED. Pursuant to Appellate Rule 58(B), this appeal is at an end.This was a July 23, 2013 NFP COA opinion where the issue was "whether the trial court erred when it denied her motion because she contends that the adoption decree, which was entered without notice to her, was void for lack of personal jurisdiction and violated her due process rights." The COA affirmed. Here is the oral argument before the Supreme Court from March 20th.
Posted by Marcia Oddi on March 26, 2014 02:31 PM
Posted to Ind. Sup.Ct. Decisions