2020 Ohio 4140
Ohio Ct. App.2020Background
- Custody case dating to 2010; parties had a 2011 shared-parenting plan that the juvenile court terminated in 2015, awarding Mother legal custody and granting Father visitation.
- Ongoing hostility between parents and paternal grandmother; multiple court disputes and a restraining-order episode on appeal.
- Father filed motions (Oct 2018) to show cause and to reinstate parenting time; an April 26, 2019 hearing was set but the court ordered further settlement negotiations instead.
- Parties represented to the court they reached a settlement; the court’s June 20, 2019 entry found the settlement knowing, voluntary, and in the child’s best interest and directed counsel to submit a written judgment within 30 days.
- On Sept. 10, 2019 the juvenile court journalized an agreed judgment entry labeled “Court’s Exhibit A,” signed only by Mother and her counsel; Father did not file his proposed entry or a transcript of the April proceeding.
- Father appealed arguing the court erred by adopting Mother’s proposed entry; the appellate majority affirmed, concluding Father waived his challenge and the record did not support reversal; one judge dissented and would remand for a hearing under plain-error concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court could adopt Mother’s proposed agreed judgment entry over Father’s alleged differing proposal | Father: No meeting of the minds; settlement not reduced to writing or read into record; court thus erred adopting Mother’s entry | Mother/Court: Parties told court they reached a final settlement; trial court found settlement knowing, voluntary, fair; court may adopt settlements | Appellate court affirmed — Father waived challenge by not filing his entry, not requesting a hearing, and failing to preserve a transcript; no basis to find abuse of discretion |
| Whether R.C. 3109.04(D) required independent review/findings when adopting the agreement | Father: Court needed independent review and separate findings (citing R.C. 3109.04(D)) | Mother/Court: That statute governs shared-parenting pleadings; shared parenting had been terminated in 2015 so statute does not apply | Court held R.C. 3109.04(D) inapplicable here |
| Whether appellate court may consider Father’s proposed entry or remand absent a transcript and with evidence dehors the record | Father: Appellate court should consider his signed proposed entry and remand for enforcement/hearing | Mother/Court: Appellate review is limited to the record; documents not filed below cannot be considered; omission of transcript requires presuming regularity | Court held it cannot consider materials dehors the record; appellant’s failure to provide transcript or raise objections below waived the challenge; affirmed |
Key Cases Cited
- Mack v. Polson Rubber Co., 14 Ohio St.3d 34 (1984) (trial court may adopt settlement agreements)
- Miller v. Miller, 37 Ohio St.3d 71 (1988) (custody determinations reviewed for abuse of discretion)
- Kostelnik v. Helper, 96 Ohio St.3d 1 (2002) (enforcing settlement requires meeting of the minds)
- Rulli v. Fan Co., 79 Ohio St.3d 374 (1997) (a valid settlement is a contract requiring offer and acceptance)
- Morform Tool Corp. v. Keco Indus., 30 Ohio App.2d 207 (1971) (if an alleged settlement is not consummated and facts are contested, a hearing is required)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1979) (appellant bears duty to provide transcript; omissions lead to presumption of regularity)
- Maust v. Meyers Prods., Inc., 64 Ohio App.3d 310 (1989) (issues not raised below cannot be raised for first time on appeal)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (plain-error doctrine in civil appeals is disfavored and applies only in rare, exceptional circumstances)