When a party objects to a hearing being held remotely, good cause for proceeding remotely over the objection requires particularized and specific factual support. Mere mention of “the COVID-19 pandemic” was insufficient.
Civil
In re K.G., No. 22A-MI-502, __ N.E.3d __ (Ind. Ct. App., Dec. 6, 2022).
Trial court did not have the statutory authority to grant request to amend child’s birth certificate to change child’s gender marker.
Crowe v. Savvy IN, LLC, No. 22A-TP-1113, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2022).
Equity and due process require that property owner’s motion for relief from judgment be granted when their property was sold at tax sale and they did not receive actual notice because of USPS’s COVID protocols.
LaMotte v. LaMotte, No. 21A-DR-2608, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2022).
Parties’ due process rights were violated when a successor judge made factual findings and legal conclusions without a trial de novo following the departure of the original judge who conducted the evidentiary hearing.
In re Termination of the Parent-Child Relationship of P.B., No. 22A-JT-1397, __ N.E.3d __ (Ind. Ct. App., Nov. 22, 2022).
The clear and convincing evidence burden of proof in termination of parental rights cases satisfies the Indiana Constitution’s Due Course of Law Clause.