2013 Ohio 1454
Ohio Ct. App.2013Background
- Father challenges juvenile court order dismissing his motions to modify visitation and to terminate shared visitation with supervised visitation.
- Child was born January 24, 2009; court designated father as residential/custodial parent and established a week-on/week-off visitation schedule on December 15, 2009.
- Mother and father had a acrimonious relationship; mother filed numerous pro se motions seeking various orders; father sought orders for supervised visitation and other relief.
- June 15, 2012 order required exchanging all text messages from 2012 and ordered the parties to obtain mental health therapy for the child, plus disclosing names/addresses of personal relationships.
- At a August 17, 2012 pretrial, mother admitted no therapy appointment had been made; court dismissed pending pro se orders and found father failed to disclose the address of his partner; the court dismissed the motions with prejudice.
- Appellant-father appeals, arguing the dismissal with prejudice was improper and violated due process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was dismissal with prejudice proper without prior notice? | Father | Court acted within discretion to sanction noncompliance | No; lack of notice requires reversal |
Key Cases Cited
- Ohio Furniture Co. v. Mindala, 22 Ohio St.3d 99 (1986) (discovery sanction framework; Civ.R. 37/B and 41(B) standards)
- Quonset Hut, Inc. v. Ford Motor Co., 80 Ohio St.3d 46 (1997) (notice requirement for dismissals with prejudice must be satisfied)
- Logsdon v. Nichols, 72 Ohio St.3d 124 (1995) (due process and notice in dismissals with prejudice)
- Anderson v. A.C. & S., Inc., 83 Ohio App.3d 581 (1992) ( Ninth District discovery sanction guidance)
- Russo v. Goodyear Tire & Rubber Co., 36 Ohio App.3d 175 (1987) (factor-based sanction choice for noncompliance)