In re Change of Name of W.A.G.
2017 Ohio 2997
| Ohio Ct. App. | 2017Background
- Kimberly Baker (Appellee) filed three Applications to change her minor children's surnames from Bocek to her maiden name Gregg and adjust the youngest child's given names; father is Gabriel Bocek (Appellant).
- Applications filed May 9, 2016; hearing set for June 20, 2016. Baker published notice in the local paper and sent certified mail to an O'Fallon, Missouri address (Appellant's parents' residence), which was returned "UNCLAIMED UNABLE TO FORWARD."
- Appellant did not attend the June 20 hearing; Baker testified she had no other address for him and explained reasons for the changes (family continuity, Appellant's limited involvement, alleged misconduct).
- Probate court granted the name-change applications; Appellant timely appealed asserting improper service and abuse of discretion.
- The appellate court found the probate court lacked personal jurisdiction because certified mail was returned unclaimed and Civ.R. 4.6 procedures (regular-mail attempt and certificate of mailing) were not followed; the judgment was vacated and remanded. The merits were deemed moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Appellant was properly served with notice under R.C. 2717.01(B) | Baker: She published notice and sent certified mail to Appellant's known address (parents' home); that complied with statute. | Bocek: He was not properly served; certified mail was unclaimed and he did not receive notice. | Held: Service was insufficient. Certified mail returned unclaimed did not terminate further obligations; Civ.R. 4.6 required attempted ordinary mail with certificate of mailing and that was not done. Probate court lacked personal jurisdiction. |
| Whether probate court abused its discretion in granting name changes | Baker: Name changes appropriate given custodial and family considerations and alleged misconduct by Appellant. | Bocek: Substantive decision erroneous (argued abuse of discretion). | Held: Not addressed on merits as jurisdictional defect rendered the judgment void and the issue moot. |
Key Cases Cited
- Maryhew v. Yova, 11 Ohio St.3d 154 (Ohio 1984) (judgment entered without personal jurisdiction is invalid)
- Lincoln Tavern v. Snader, 165 Ohio St. 61 (Ohio 1960) (Ohio courts possess inherent power to vacate void judgments)
- State ex rel. Loyd v. Lovelady, 108 Ohio St.3d 86 (Ohio 2006) (Ohio Supreme Court rulemaking authority and applicability of Civ.R. rules to state court civil procedure)