In re Lynch

In In re Lynch (Aug. 21, 1985), 9 th Dist. No. 11995, 1985 Ohio App, the Court considered an appeal from an order terminating parental rights brought on behalf of a parent. The father, in that case, sought a new trial based upon facts occurring after the permanent custody hearing. The Court denied the appeal, stating that "post hearing acts cannot be used as 'newly discovered evidence" ' and, furthermore, that they were not relevant to the question then before the court, i.e. whether the father had theretofore met the requirements of the reunification plan". See, also, Bachtel v. Bachtel, 7th Dist. No. 03 MA 75, 2004 Ohio 2807, at P 46 (new conditions cannot change the result of a past trial and are not material to the issues at trial); Zimmerman v. Zimmerman (June 18, 1990), 12th Dist. No. CA89-08-069, 1990 Ohio App (events occurring after trial are not relevant to the question before the court). See also In re S.S., A.S. and J.S., 9th Dist. No. 04CA0032, 2004 Ohio 5371 at P 13; 15. Permanent custody.