Phillips v. Robinson, 2012 Ohio 6108

Phillips filed a July 2011 motion seeking an order establishing parental rights and a parenting schedule.
The October 6, 2011 order stated the parties reached an agreement and required an agreed judgment entry signed by both sides within 30 days.
December 2, 2011 Phillips filed a proposed judgment entry signed by both parties and requested court adoption.
The court did not adopt; a status conference occurred January 4, 2012; Phillips later sent a revised entry and made minor changes.
February 22, 2012 Phillips again contacted opposing counsel and filed the entry after minor changes; he sought court adoption.
April 16, 2012 the court dismissed Phillips’ motions for failure to file an agreed entry; the court reversed on appeal and remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the dismissal for noncompliance was abuse of discretion	Phillips complied under Local Rule 8.01; no opposing approval within five days.	Court order required an agreed entry signed by both parties; dismissal was appropriate.	Dismissal deemed unreasonable; error found.
Whether the dismissal was against the manifest weight of the evidence	Parties attempted to finalize a settlement and entry; proper process followed.	Record shows lack of final agreement; dismissal supported by lack of signed entry.	Assignments sustained; reversal on weight of the evidence.

Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard for sanctions in court proceedings)
Cirino v. Cirino, 2011-Ohio-6332 (2011) (discretion of trial court in adopting or modifying magistrate decisions)
Hissa v. Hissa, 2010-Ohio-3087 (2010) (Civ.R. 41(B) does not apply to post-judgment motions to modify parental rights)