In re G.C.
2021 Ohio 2442
Ohio Ct. App.2021Background
- Parents (Father J.V.C. and Mother S.Y.C.) share two minor children; Father was designated residential parent in 2009 and visitation/child-support orders were later modified.
- Mother moved in 2015 to waive/recalculate child support and to share federal tax credits; case transferred from Lake County to Cuyahoga County in 2016.
- Hearing was held December 5, 2018; on April 13, 2020 the juvenile court granted Mother’s motions, set Mother’s child-support obligation to $0 effective December 5, 2018, and ordered Father to repay overpayments (~$11,742 per child).
- Mother appealed the April 13, 2020 judgment on May 15, 2020. Father filed a Civ.R. 60(B) motion for relief from judgment on May 18, 2020 and filed his own appeal on May 20, 2020.
- The juvenile court denied Father’s Civ.R. 60(B) motion on August 24, 2020, citing the pending appeal; Father appealed that denial (the present appeal).
Issues
| Issue | Plaintiff's Argument (Father) | Defendant's Argument (Mother) | Held |
|---|---|---|---|
| Whether trial court erred by failing to hold a hearing on Father’s Civ.R. 60(B) motion | Father contends he was entitled to a hearing on his Civ.R. 60(B)(1) motion and the court should have considered it. | Mother argues the juvenile court lacked jurisdiction to decide the motion because she timely appealed the underlying April 13, 2020 judgment. | Court held the trial court had been divested of jurisdiction by Mother’s pending appeal; denial without a hearing was void. |
| Whether trial court erred in denying Father’s Civ.R. 60(B) motion (merits) | Father seeks relief from judgment under Civ.R. 60(B)(1). | Mother maintains the court could not rule on the motion while her appeal was pending, so the ruling is void. | Court vacated the juvenile court’s August 24, 2020 order as void for lack of jurisdiction and remanded for further proceedings consistent with the opinion. |
Key Cases Cited
- State ex rel. E. Mfg. Corp. v. Ohio Civ. Rights Comm., 63 Ohio St.3d 179, 586 N.E.2d 105 (1992) (trial court is divested of jurisdiction over matters once an appeal is filed)
- Vavrina v. Greczanik, 40 Ohio App.2d 129 (8th Dist. 1974) (trial court lacks jurisdiction to decide a Civ.R. 60 motion during pendency of appeal)
- Reese v. Proppe, 3 Ohio App.3d 103 (8th Dist. 1981) (same principle applied to postjudgment motions while appeal pending)
- Dempsey v. Chicago Title Ins. Co., 20 Ohio App.3d 90 (8th Dist. 1985) (actions on Civ.R. 60(B) during appeal are void)