Crista (Haynes) Johnston v. Donald Wayne Haynes et al.

The appellant filed a civil suit against her adoptive parents seeking damages stemming from child sexual abuse against her for which her adoptive father pleaded guilty. After the adopted parents filed a motion for summary judgment, the trial court held a hearing 15 days after service of the motion on the appellant and later granted the motion. On appeal, the appellant raises numerous issues, including whether the trial court correctly created the record on appeal, whether recusal was necessary, and whether summary judgment was appropriate. After review, we conclude that the trial court’s premature consideration of the motion necessitates vacatur and remand the matter for further proceedings. We affirm the court in all other respects.