2020 Ohio 3517
Ohio Ct. App.2020Background
- Angelina and Kory Jackson's 2010 separation agreement gave Kory the marital home and required him to refinance the mortgage (then in Angelina’s name) or continue payments and pay the balance within four years.
- Angelina filed a contempt motion on July 6, 2018, alleging Kory failed to refinance or pay the mortgage balance.
- On November 7, 2018 the magistrate found Kory in contempt and sentenced him to 30 days; the trial court adopted the magistrate’s decision the same day (the entry stated timely objections would operate as an automatic stay).
- Kory filed multiple post-judgment filings: motions for reconsideration (Nov. 15 and Nov. 19, 2018), objections (Nov. 20), and other motions; the objections were dismissed Dec. 17, 2018 for failure to file a transcript.
- The magistrate later heard the Nov. 15 motions and on March 28, 2019 issued a decision denying the motion for reconsideration; the trial court denied Kory’s objections on June 5, 2019, deeming the reconsideration motions legal nullities because the Nov. 7 entry was final.
- Kory appealed the June 5, 2019 order (not the Nov. 7 final judgment). The court dismissed the appeal for lack of jurisdiction and left the Nov. 7 contempt judgment in effect.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not deciding Kory’s motion for reconsideration on the merits | The motion was a nullity because the trial court had already entered a final judgment by adopting the magistrate’s decision on Nov. 7 | The trial court should have considered and decided the motion for reconsideration on the merits | The Nov. 7 adoption was a final judgment; post-judgment motions for reconsideration were legal nullities and the appeal from the June 5 order must be dismissed for lack of jurisdiction |
Key Cases Cited
- Phillips v. Mufleh, 95 Ohio App.3d 289 (6th Dist. 1994) (trial court retains jurisdiction to reconsider orders only until final judgment)
- Pitts v. Dept. of Transp., 67 Ohio St.2d 378 (Ohio 1981) (a motion for reconsideration of a final judgment is a nullity)
- Fifth Third Bank v. Cooker Restaurant Corp., 137 Ohio App.3d 329 (1st Dist. 2000) (judgments flowing from post-final-judgment reconsideration are nullities)
- State v. Pewett, 73 N.E.3d 1108 (1st Dist. 2016) (appeal dismissed where appellant appealed an order that was not a final judgment)