In re W.W.
190 Ohio App. 3d 653
| Ohio Ct. App. | 2010Background
- Lake County Department of Job and Family Services filed a child-abuse complaint alleging abuse by Carol Wilde of her 12-year-old son, W.W., with alleged abuse occurring in Lake County, Ohio.
- Guardian ad litem appointed; reports recommended measures for the family and school involvement.
- Adjudicatory hearing occurred; pediatrician testified about injuries; Sheriff’s Deputy investigated and photographed injuries.
- Social worker corroborated injuries and noted W.W.’s parental conflicts; safety plan implemented; home located in Painesville, Ohio (Lake County).
- W.W. testified to being slapped by Carol; injuries described include facial bruising, neck marks, back bruises, and a lip injury.
- Carol moved to dismiss the complaint for improper venue; the trial court dismissed finding venue not proven in the City of Painesville, despite Lake County being the residence and location of the abuse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the trial court’s dismissal for improper venue an abuse of discretion? | Department argues venue was proper in Lake County. | Wilde argues venue was not proven in the proper county. | Yes, abuse of discretion; venue properly placed in Lake County. |
| Did the department prove proper venue in Lake County for the abuse proceeding? | Venue in Lake County (county of residence and alleged abuse) was proven. | Court incorrectly limited venue to the city of Painesville. | Yes, venue was proven in Lake County. |
| Is the dismissal order final and appealable despite venue concerns? | Dismissal is a final, appealable order because it disposed of the case. | Dismissal for improper venue is not final and appealable. | Yes, final and appealable; order remanded for further proceedings. |
Key Cases Cited
- Falls Electric Construction, Inc. v. TriState Construction, 2004-Ohio-6952 (11th Dist. 2004) (final, appealable when dismissal disposes all claims)
- State ex rel. Allied Chem. Co. v. Aurelius, 16 Ohio App.3d 69 (8th Dist. 1984) (venue and appealability background for improper venue)
- Snell v. Cincinnati St. Ry. Co., 60 Ohio St. 256 (1899) (historical precedent on finality of venue rulings)
- Lexford Properties, Inc. v. Schiltz, 2003-Ohio-4897 (5th Dist. 2003) (final, appealable disposition when venue issues resolved)
- Natl. City Commercial Capital Corp. v. AAAA at Your Serv., Inc., 114 Ohio St.3d 82 (2007-Ohio-2942) (finality principle in jurisdiction/venue disputes)
- In re Cross, 96 Ohio St.3d 328 (2002-Ohio-4183) (juvenile court continuing jurisdiction over abused child)