In re D.R.M.
2012 Ohio 5422
Ohio Ct. App.2012Background
- CSEA filed a motion to show cause why Father should not be held in contempt for unpaid support; hearing occurred after continuances when Father lacked counsel.
- A magistrate found Father in contempt and imposed a suspended 27-day jail sentence with a purge provision of $750 within 120 days and set a purge review.
- The trial court adopted the magistrate’s decision on January 4, 2012.
- On June 11, 2012, the court issued an entry stating the contempt motion was dismissed with prejudice and vacated the January 4, 2012 judgment in its entirety.
- The vacatur nullified findings on past due and current support and D.R.M.’s emancipation, and would have left the original show‑cause motion unresolved if allowed to stand.
- CSEA appeals, arguing the trial court erred by sua sponte vacating a final judgment; the court agrees and remands to reinstate the January 4, 2012 judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May the trial court sua sponte vacate a final judgment? | CSEA argues final judgment cannot be vacated without Civ.R. 60(B). | Father contends the court could vacate for justice or clerical reasons. | No; court erred in sua sponte vacating the final judgment. |
| What is the effect of vacating the judgment in its entirety? | Vacatur nullifies orders on past due support and emancipation and undermines the show-cause ruling. | Vacatur should not render unresolved issues pending. | Vacating the entire judgment nullified essential findings and the show-cause ruling. |
| What is the proper procedural vehicle to challenge a final contempt judgment? | Civ.R. 60(B) is the exclusive remedy to vacate a final judgment. | Not explicitly arguing Civ.R. 60(B) was used. | Trial court should have used Civ.R. 60(B), not sua sponte vacate. |
Key Cases Cited
- Abernethy v. Abernethy, 8th Dist. No. 92708, 2010-Ohio-435 (2010) (final contempt judgment is a final appealable order)
- Kapadia v. Kapadia, 8th Dist. No. 96910, 2012-Ohio-808 (2012) (final judgment of contempt cannot be vacated sua sponte)
- J’Lexxys Dickerson v. Cleveland Metro. Hous. Auth., 8th Dist. No. 96726, 2011-Ohio-6437 (2011) (Civ.R. 60(B) governs relief from judgment)
- State v. Stevenson, 8th Dist. No. 98377, 2012-Ohio-5077 (2012) (no authority to vacate final judgment absent Civ.R. 60(B))
- State v. Thomas, 8th Dist. No. 98377, 2012-Ohio-5077 (2012) (same principle reiterated)
- In re R.T.A., 8th Dist. No. 98498, 2012-Ohio-5080 (2012) (final contempt judgment cannot be vacated without proper procedure)
- North Shore Auto Fin., Inc. v. Valentine, 8th Dist. No. 90686, 2008-Ohio-4611 (2008) (no authority to vacate final judgments sua sponte)