2021 Ohio 1168
Ohio Ct. App.2021Background
- Appellant John Paul Gomez (pro se) sought modification of parental rights concerning two children; the trial court overruled his motion by judgment entry dated July 21, 2020.
- Gomez filed a Civ.R. 52 motion for findings of fact and conclusions of law on July 20, 2020 (one day before the July 21 judgment entry).
- Later on July 21, 2020 the trial court denied the Civ.R. 52 motion, stating the judgment had been filed prior to the visiting judge receiving the motion.
- Gomez appealed both the denial of his modification motion and the denial of his Civ.R. 52 request to the Seventh District Court of Appeals.
- The appellate court concluded Civ.R. 52 permits a timely pre-judgment request and, when timely filed, tolls the time to appeal until the trial court files its findings; because the trial court had not filed findings, the appellate court held it lacked jurisdiction.
- The appeal was dismissed with instructions that the trial court must file findings of fact and conclusions of law under Civ.R. 52; costs were taxed to the appellant.
Issues
| Issue | Plaintiff's Argument (Dyer) | Defendant's Argument (Gomez) | Held |
|---|---|---|---|
| Timeliness of Civ.R. 52 motion | The motion was ineffective because the judgment entry was filed before the court received the motion | The Civ.R. 52 motion was filed on July 20, before the July 21 judgment, so it was timely | Motion was timely under Civ.R. 52; trial court obligated to issue findings |
| Effect of a timely Civ.R. 52 motion on appeal period | Judgment was final and appeal period should run | A timely Civ.R. 52 request tolls the finality of judgment and delays commencement of appeal time until findings are filed | A timely Civ.R. 52 request delays the start of the appeal period until the court files findings (preventing appellate jurisdiction until then) |
| Applicability of Civ.R. 52 to custody/parental-rights proceedings | Trial court's summary ruling stands; Civ.R. 52 inapplicable or unnecessary | Civ.R. 52 applies to bench-tried custody matters and requires separate findings when requested | Civ.R. 52 applies to change-of-custody proceedings tried by the court without a jury |
| Appropriate remedy for failure to file findings | Maintain trial-court judgment; deny relief | Appellate court should dismiss and instruct trial court to file findings | Appeal dismissed for lack of jurisdiction; trial court instructed to file findings of fact and conclusions of law |
Key Cases Cited
- State ex rel. Papp v. James, 69 Ohio St.3d 373 (1994) (holding a timely Civ.R. 52 request prevents a judgment from becoming final for appellate-timing purposes until findings are filed)
- Walker v. Doup, 36 Ohio St.3d 229 (1988) (syllabus establishing that filing a timely request for findings delays the start of the appeal period until the court issues findings)