2024 Ohio 1461
Ohio Ct. App.2024Background
- This appeal arises from a dispute between two sisters, Teresa David (appellee) and Ella M. Fulp (appellant), regarding their deceased father's property.
- A physical altercation at their father's residence resulted in police involvement.
- David sought a domestic violence civil protection order (CPO) against Fulp; Fulp later filed two petitions for CPOs against David.
- The appellant (Fulp) was personally informed in court of the date and time for the continued hearing but failed to appear timely; the hearing proceeded after a 15-minute delay.
- Fulp was permitted to cross-examine witnesses and present her own evidence upon late arrival.
- The magistrate granted mutual protection orders to both parties for two years; the order used a Supreme Court form lacking standard magistrate decision notices.
Issues
| Issue | David's Argument | Fulp's Argument | Held |
|---|---|---|---|
| Proper notice of hearing for protection order | Personal and mailed notice were sufficient | Was not properly served with notice of hearing | Appellant effectively notified; service was sufficient |
| Due process/delay at hearing | Appellant was given opportunity to participate | Rights violated by hearing held in her absence | No due process violation; opportunity was given |
| Sufficiency of evidence for protection order | Testimony supported fear of domestic violence | No credible evidence of imminent danger | Credible evidence existed; CPO appropriate |
| Waiver of objections (failure to object below) | Appellant did not properly object | Lack of notice on the form excused objection | Failure to object excused due to form's deficiencies |
Key Cases Cited
- Felton v. Felton, 79 Ohio St.3d 34 (preponderance of evidence standard for CPOs)
- Eastley v. Volkman, 132 Ohio St.3d 328 (weight/credibility are trial court questions)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (abuse of discretion standard)
- State v. Jamison, 49 Ohio St.3d 182 (trial fact-finder is best judge of credibility)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (deference to trial court fact-finding)
- Masitto v. Masitto, 22 Ohio St.3d 63 (judgment supported by competent, credible evidence will not be disturbed)