Hendy v. Wright
2013 Ohio 5786
Ohio Ct. App.2013Background
- Father and Mother litigate over child V.R.; ongoing disputes regarding child support, tax exemptions, uncovered medical expenses, and sanctions for discovery noncompliance.
- Magistrate imputed income to Father ($42,161) and set child support at $609.08/month plus 2% admin fee; ordered shared uncovered medical expenses (Father 38%, Mother 62%).
- Contempt finding against Father for unpaid uncovered medical expenses; penalties and past-due amounts awarded.
- Tax exemption alternation ordered (to be rotated if Father remains current in child support).
- Trial court adopted magistrate’s decision; Father did not timely object but filed relief from judgment and appeal; limited remand followed denial of relief from judgment.
- The appellate court sua sponte addresses issues of judicial conduct and admissibility of objections under Civ.R. 53(D); ultimately affirms the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate jurisdiction allows review of alleged judicial misconduct. | Hendy argues magistrate/judge biased and misconduct. | Judicial misconduct claims fall outside appellate review; disciplinary matters handled by appropriate bodies. | Appellate court lacks jurisdiction; misconduct claims stricken. |
| Whether the magistrate’s adoption and related rulings were properly preserved for review. | Father preserved error by objecting to findings. | No timely Civ.R. 53 objections; rules require objections; plain error not shown. | Assignments 1, 2, 5, 8 waived; plain-error not shown; adoption affirmed. |
| Whether the income imputation and resulting child-support calculation were correct. | Imputation method and amount were incorrect. | Imputation supported by evidence; correct criteria applied. | Assignments 3, 4, 6, 7 overruled; calculation sustained. |
| Whether the contempt finding and penalties for uncovered medical expenses were supported. | Contempt and penalties were improper or excessive. | Contempt supported by failure to pay uncovered medical expenses; penalties appropriate. | Contempt upheld; penalties awarded. |
Key Cases Cited
- State v. Williams, 2011-Ohio-6067 (9th Dist. Summit No. 25827 (2011)) (judicial misconduct review within disciplinary framework, not appellate review)
- Wilburn v. Wilburn, 2006-Ohio-5820 (9th Dist. (2006)) (exclusive jurisdiction for bias/prejudice claims remains with Supreme Court discipline)
- Jones v. Billingham, 105 Ohio App.3d 8 (2d Dist.1995) (disqualification and bias issues not within ordinary appellate review)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (civil plain-error doctrine is narrow; waiver by failure to object)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard for trial court decisions)