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Jurisdiction

Court of Appeals of North Carolina
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In re: D.A.S., E.D.S., U.J.R.S. — Permanency Planning Order Maintaining DSS Custody Confers Standing to File TPR Petition

The North Carolina Court of Appeals held that a permanency planning order expressly ordering that legal custody of the children “shall remain with” DSS constitutes a “custody order” under N.C. Gen. Stat. § 7B-1104(5), giving DSS standing to file termination-of-parental-rights petitions and conferring subject-matter jurisdiction on the district court.

Massachusetts Appeals Court
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Guardianship of Finley — Massachusetts Court Lacked Jurisdiction Over Newborn’s Custody Where New Hampshire Was Home State Under MCCJA

The Massachusetts Appeals Court vacated four years of guardianship proceedings and remanded for dismissal, holding that the Probate and Family Court never had subject matter jurisdiction over a newborn’s custody under the Massachusetts Child Custody Jurisdiction Act (MCCJA) because New Hampshire—not Massachusetts—was the child’s home state, and the concurrent New Hampshire proceeding independently barred the Massachusetts action under G. L. c. 209B, § 2(d).

Massachusetts Appeals Court
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Adoption of Zula — Juvenile Court Has Jurisdiction to Hear Birth Mother’s Adoption Consent Revocation During Pending Care and Protection Case

The Massachusetts Appeals Court held that the Juvenile Court has jurisdiction under G.L. c. 210, § 1, to hear a birth mother’s motion to revoke her adoption consent and to approve an open adoption agreement, even though the consent was executed before the subject child was added to a pending care and protection petition, because the 1993 statutory amendments require only that a care and protection proceeding be pending when the motion is filed—not that it was pending when the consent was executed.

Appellate Division, First Department
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Katz v. Navios Maritime — NY Long-Arm Jurisdiction Found Where Foreign Issuer Routed Dividends Through New York Paying Agent

First Department reverses dismissal for lack of personal jurisdiction, holding that a foreign shipping company’s use of New York paying agents, depositories, and underwriters for preferred-stock dividends constitutes transacting business in New York under CPLR 302(a)(1).

Appellate Division, Second Department
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Gorgia v. Dolan — Ecclesiastical Abstention Doctrine Bars Seminarian’s Discrimination Claims Against Archdiocese

The Appellate Division, Second Department holds that a former seminarian’s race, sexual orientation, and disability discrimination claims against the Roman Catholic Archdiocese of New York and Cardinal Dolan are non-justiciable under the First Amendment’s ecclesiastical abstention doctrine, because adjudicating them would require the court to evaluate his progress in Catholic priestly “human formation” — an inquiry into religious doctrine the courts may not conduct.

Texas Court of Appeals, Eighth District (El Paso)
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Gonzalez v. City of El Paso — Texas Residents Cannot Use Special Appearance to Contest Defective Service; Misspelled Name Is a Curable Process Defect

The Eighth Court of Appeals held that Texas residents cannot file a special appearance under Rule 120a to contest defective service of process, because Texas courts have presumptive personal jurisdiction over all Texas residents. A misspelled name in a citation is a curable service defect, not a jurisdictional flaw, properly raised by a motion to quash — not a special appearance that risks constituting a general appearance.

Ohio Court of Appeals (Eighth District)
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Robinson v. Ohio DJFS — Eighth District affirms dismissal of untimely unemployment compensation appeal for lack of subject-matter jurisdiction

The Eighth District affirmed dismissal of an unemployment compensation appeal filed 34 days after the Review Commission’s decision was mailed, holding the 30-day statutory deadline under R.C. 4141.282 is jurisdictional and cannot be overcome by creative pleading.

Ohio Court of Appeals (Sixth District)
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Guo v. Meade Motorcars — Sixth District affirms vacatur of foreign judgment and sanctions for AI-hallucinated case citations

The Sixth District affirmed the vacatur of a Tennessee default judgment enforced in Ohio, finding the Tennessee court lacked personal jurisdiction over the Ohio car dealer, and upheld sanctions against the pro se plaintiff for submitting AI-generated hallucinated case citations to the court.

Ohio Court of Appeals (Eleventh District)
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Frank v. Allen — Eleventh District dismisses heirship appeal for lack of final appealable order

The Eleventh District sua sponte dismissed an appeal from a probate court’s partial summary judgment on heirship, holding that the order was not a final appealable order under R.C. 2505.02 because it resolved only one party’s rights while leaving other parties’ heirship determinations for further proceedings.

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