Brimer v. Kichner
2017 Ohio 7012
Ohio Ct. App.2017Background
- Parties met in 2011; Brimer moved to Ohio and lived with Kichner; their daughter I.B. was born May 6, 2012.
- Relationship ended November 2013; Kichner evicted Brimer.
- Brimer filed a custody complaint (R.C. 2151.23) on January 21, 2014, seeking custody of I.B.
- Contested juvenile-court hearings were held on August 19, September 2, and September 28, 2015; trial court later designated Kichner sole legal custodian and residential parent.
- Brimer appealed pro se, raising procedural and fairness complaints about the court, his attorneys, and guardians ad litem; he did not provide transcripts of the hearings to the appellate record.
- Appellate court affirmed, holding that absence of necessary transcripts requires presuming regularity of the trial court proceedings and affirming the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred in handling and outcome of custody proceedings | Brimer argued delay, bias toward Kichner, unfit GAL, ineffective counsel, and harsh judgment | Kichner defended the trial-court judgment and procedures as proper | Affirmed: court found record lacked transcripts, so must presume regularity and uphold judgment |
| Whether appellate record was adequate for review | Brimer contended errors in trial should be reviewed despite missing transcript | Kichner relied on absence of transcript to support affirmance | Held: appellant bears duty to file transcripts; missing transcripts preclude review of trial errors |
| Whether pro se status entitles appellant to leniency in procedure | Brimer implicitly sought lenient treatment as pro se | Kichner urged standard application of rules | Held: pro se litigant receives liberal construction but remains bound by same procedural rules |
| Whether culpability of GALs/attorneys warrants relief | Brimer alleged GALs and attorneys failed duties | Kichner denied or relied on trial court findings | Held: appellate court could not review these factual/credibility claims without transcripts; presumed regularity |
Key Cases Cited
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (presumption of regularity where transcript necessary for review is missing)