Blakeman v. Pelloski
2021 Ohio 560
Ohio Ct. App.2021Background
- Christopher Pelloski (physician) was criminally convicted for receipt of child pornography; reported childhood sexual abuse and PTSD; underwent extensive therapy and lost his medical license and employment.
- While under house arrest and after sentencing, the parties negotiated a separation agreement: Pelloski signed Nov. 24, 2015; dissolution filed Dec. 29, 2015 and finalized Feb. 2, 2016.
- Pelloski entered court-ordered and voluntary therapy (January/February 2016–January 2018) and later obtained an affidavit from his therapist asserting PTSD impaired his decisionmaking during the dissolution.
- On Oct. 2, 2018 (≈2 years 8 months after dissolution; ≈9 months after completing therapy), Pelloski moved under Civ.R. 60(B)(5) to vacate the dissolution/separation agreement claiming undue influence/duress and delayed filing due to impaired capacity.
- The domestic-relations court denied the Civ.R. 60(B) motion as not filed within a reasonable time and for failure to allege operative facts warranting relief or a hearing; Pelloski appealed.
Issues
| Issue | Plaintiff's Argument (Pelloski) | Defendant's Argument (Blakeman / Trial Ct.) | Held |
|---|---|---|---|
| Whether Pelloski filed his Civ.R. 60(B)(5) motion within a "reasonable time" | PTSD and ongoing court-ordered therapy delayed accrual of the reasonable-time period until completion of treatment; filed Oct. 2018 was timely | Long lapse after signing (Nov. 2015) and finalization (Feb. 2016); even post-treatment delay (≈9 months) was unreasonable | Affirmed: court did not abuse discretion; motion untimely under GTE three-part test |
| Whether a hearing was required under Loc.R. 13(C) (operative facts) | Therapist affidavit and facts about PTSD/duress supplied operative facts warranting an evidentiary hearing | Movant failed to allege operative facts showing timeliness or entitlement to relief; hearing unnecessary | Affirmed: no hearing required; trial court properly denied relief without oral argument |
Key Cases Cited
- GTE Automatic Elec., Inc. v. ARC Indus., 47 Ohio St.2d 146 (Ohio 1976) (establishes three-part Civ.R. 60(B) test and requirement that movant show meritorious claim, entitlement to relief, and timeliness)
- United States v. Pelloski, 31 F. Supp. 3d 952 (federal 2014) (criminal case background confirming defendant's PTSD diagnosis and treatment history relied on in dissolution context)
- Griffey v. Rajan, 33 Ohio St.3d 75 (Ohio 1987) (standard of review: Civ.R. 60(B) rulings are within trial court's discretion)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (definition of abuse of discretion)
- Caruso-Ciresi, Inc. v. Lohman, 5 Ohio St.3d 64 (Ohio 1983) (Civ.R. 60(B)(5) relief limited to extraordinary and unusual cases)