Madison v. Wilborn
2012 Ohio 2742
Ohio Ct. App.2012Background
- Madison sought and was granted an ex parte CSPO against Wilborn on May 17, 2011; full hearing occurred June 28, 2011.
- Wilborn and Madison were coworkers; Wilborn exhibited hostility toward Madison since 2004 and confronted him in November 2010.
- April 2011 workplace dispute; witnesses testified Wilborn screamed, pounded table, and appeared ready to strike Madison.
- A witness testified Wilborn admitted following Madison home to learn his address and to contact Madison’s wife.
- Magistrate found a pattern of conduct, creating fear of physical harm and mental distress; CSPO issued July 1, 2011, effective to 2016.
- Wilborn filed objections to the CSPO; the trial court later handled Civ.R. 53 requirements, granted extensions, and ultimately overruled objections in September 2011. Wilborn appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the CSPO is supported by the weight and sufficiency of the evidence | Madison argues pattern of conduct established fear and distress | Wilborn asserts insufficient/insufficiently related conduct to prove pattern | CSPO supported; no abuse of discretion; evidence sufficient and credible |
| Whether Wilborn's objections were timely | Appellee contends objections properly reviewed on merits despite timing | Wilborn argues objections untimely due to Civ.R. 53 requirements | Objections ultimately reviewed on merits; no reversible error |
Key Cases Cited
- Stark v. Haser, 2004-Ohio-4641 (Ohio) (establishes that missing transcript precludes attack on findings)
- Tumblin v. Jackson, 2006-Ohio-3270 (Ohio) (preponderance standard for CSPO; pattern of conduct defined)
- State v. Scruggs, 136 Ohio App.3d 631 (Ohio App.3d 2000) (defines pattern of conduct and proximity in time)
- Middletown v. Jones, 2006-Ohio-3465 (Ohio App.12th Dist. 2006) (contextual approach to 'closely related in time')
- Guthrie v. Long, 2005-Ohio-1541 (Ohio App.10th Dist. 2005) (consideration of totality of circumstances for pattern)
- Coleridge v. Tomsho, 2003-Ohio-650 (Ohio App.5th Dist. 2003) (R.C. 2903.211 disjunctive standard for fear of harm or distress)
- Olenik v. Huff, 2003-Ohio-4621 (Ohio) (discretionary standard for CSPO decisions)
- C.E. Morris Co. v. Foley Construction Co., 54 Ohio St.2d 279 (Ohio) (deference to trial court credibility findings)
- Myers v. Garson, 66 Ohio St.3d 610 (Ohio) (deference to trial court's weighing of credibility)
- Seasons Coal Co. v. City of Cleveland, 10 Ohio St.3d 77 (Ohio) (reasonableness and deference to trial court findings)