In re R.G.H.
2021 Ohio 2603
Ohio Ct. App.2021Background
- Father filed for custody / allocation of parenting time in Ohio (Feb–Apr 2019). He later alleged Mother had fled to New York with the children and sought custody; a private process server filed an affidavit claiming personal service on Mother in Manhattan on April 20, 2019.
- Mother had relocated to New York (a Bronx domestic-violence shelter), denied ever being served at 770 St. Nicholas Ave, and asserted she had no notice of the Ohio trial. A July 30, 2019 custody trial proceeded with only Father present; the magistrate awarded Father custody (decision adopted Oct. 4, 2019).
- Mother moved to vacate the custody judgment for lack of personal jurisdiction and defective service; the juvenile court initially vacated the order for lack of notice, this Court reversed/remanded and instructed the juvenile court to hold a hearing if Mother produced affidavit testimony contesting service.
- On remand the juvenile court held an evidentiary hearing: Mother testified (through an interpreter) she was not served and had never lived at or frequented the alleged Manhattan address; the process server Renell Davis testified he served her but admitted inconsistencies between his affidavit and his testimony.
- The juvenile court found Mother credible, found Davis not credible, concluded service was not proved and that the October 4, 2019 custody judgment was void for lack of personal jurisdiction, and vacated the custody award. The appellate court affirmed.
Issues
| Issue | Father’s Argument | Mother’s Argument | Held |
|---|---|---|---|
| Whether service on Mother was proved so juvenile court had personal jurisdiction | Davis’s affidavit and testimony show proper personal service on Apr 20, 2019; Mother lied to rebut presumption | Mother never received service at the alleged address; affidavit and testimony rebut the presumption of proper service | Court held Mother rebutted presumption; service not proved and judgment void for lack of personal jurisdiction |
| Who bears burden to rebut presumption of service and what proof is required | Father contends presumption stands unless defendant produces uncontradicted evidence; trial court improperly credited Mother despite inconsistencies | Mother needed to produce evidentiary-quality testimony to rebut presumption; she did so and the court could weigh credibility | Court applied standard: presumption of service can be rebutted by competent evidence; credibility determinations for weighing that evidence are for the trial court |
| Whether the juvenile court abused discretion in crediting Mother and discrediting process server | Father argues findings ignore other supportive evidence and improperly shifted burden | Mother argues trial court reasonably discredited server due to affidavit inconsistencies and implausible facts | Court found no abuse of discretion in the juvenile court’s credibility findings and factual decision to vacate the judgment |
Key Cases Cited
- Ohio Valley Radiology Assocs., Inc. v. Ohio Valley Hosp. Assn., 28 Ohio St.3d 118 (Ohio 1986) (docket entry can constitute constructive notice of trial date for due process)
- Patton v. Diemer, 35 Ohio St.3d 68 (Ohio 1988) (judgment rendered without personal jurisdiction is void; relief not limited to Civ.R. 60(B))
- Lincoln Tavern, Inc. v. Snader, 165 Ohio St. 61 (Ohio 1956) (judgment without proper service is a nullity)
- Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (U.S. 1950) (service must be reasonably calculated to apprise interested parties of the action)
- Akron–Canton Regional Airport Auth. v. Swinehart, 62 Ohio St.2d 403 (Ohio 1980) (citing Mullane on due-process notice requirements)
- Rite Rug Co., Inc. v. Wilson, 106 Ohio App.3d 59 (Ohio Ct. App. 1995) (judgment void where service not made in accordance with civil rules)
- CompuServe, Inc. v. Trionfo, 91 Ohio App.3d 157 (Ohio Ct. App. 1993) (discussing when judgments are void for lack of jurisdiction)
- Ohio Civ. Rights Comm. v. First Am. Properties, Inc., 113 Ohio App.3d 233 (Ohio Ct. App. 1996) (trial court credibility findings on service may be upheld when record supports them)
- Rafalski v. Oates, 17 Ohio App.3d 65 (Ohio Ct. App. 1984) (reversible error to disregard uncontradicted testimony that a person did not receive service)