Matics v. Matics
2013 Ohio 1871
Ohio Ct. App.2013Background
- Appellant Matthew Matics appeals two judgment entries (June 11, 2012 and July 12, 2012) from the Tuscarawas County Court of Common Pleas, Domestic Relations Division.
- Appellant and appellee Angela Matics are divorcing; they share one child and trial occurred January 24, 2012.
- Appellee testified she has custody of two children born during the separation and receives no child support from those fathers.
- Magistrate’s April 24, 2012 decision (nunc pro tunc April 25) reflected findings that appellee had custody of the two children and no child support from other sources; appellant did not object.
- Following the magistrate’s decision, appellant subpoenaed Cuyahoga County CSEA for financial records on two children; the trial court granted the motion to quash on June 11, 2012.
- Appellant appealed the quash order; the cases were consolidated; the court ultimately affirmed the trial court’s judgment and denied relief on the assignment of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in granting the non-party CSEA’s motion to quash. | Matics contends subpoena sought relevant child-support data. | CSEA and appellee assert records are confidential and not subject to discovery; discovery was not properly sought. | No abuse of discretion; subpoena properly quashed. |
Key Cases Cited
- State ex rel. The V. Companies v. Marshall, 81 Ohio St.3d 467 (Ohio 1998) (abuse of discretion standard for discovery rulings)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard scope of appellate review)
- Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619 (Ohio 1993) (abuse of discretion principle; cannot substitute own judgment)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (Ohio 1980) (presumption of regularity in proceedings when record incomplete)