2020 Ohio 2890
Ohio Ct. App.2020Background
- In March 2019 the Posts petitioned for an ex parte civil stalking protection order (CSPO) under R.C. 2903.214, alleging multiple threats by James Leopardi over ~2 years, repeated drive-bys with shouting/obscenities, recording appellees, and a recent incident that precipitated a hospitalization. A sheriff’s report was attached.
- The trial court referred the matter to a magistrate under Civ.R. 65.1(F); an ex parte order issued and, after service delays, a full evidentiary hearing occurred with counsel present.
- The magistrate found multiple threatening and harassing contacts causing belief of physical harm and mental distress, and entered a five-year CSPO.
- The trial court adopted the magistrate’s order pursuant to Civ.R. 65.1(F)(3)(c).
- Leopardi did not file timely objections to the trial court’s adoption under Civ.R. 65.1(F)(3)(d) and (G); instead he appealed directly and attempted to file the hearing transcript on appeal though it was not part of the trial-court record.
- The appellate court declined to reach the merits and dismissed the appeal for failure to file timely objections as required by Civ.R. 65.1(G); it also noted it could not consider materials not filed below.
Issues
| Issue | Plaintiff's Argument (Post) | Defendant's Argument (Leopardi) | Held |
|---|---|---|---|
| Whether the trial court erred in issuing a CSPO | Evidence established a pattern of threatening/harassing conduct causing fear and distress | Appellees failed to show a pattern; alleged acts were too remote in time to support a CSPO | Appeal dismissed for lack of jurisdiction—Leopardi failed to file timely objections under Civ.R. 65.1(G); merits not reached; transcript not considered |
Key Cases Cited
- State v. Ishmail, 54 Ohio St.2d 402 (1978) (appellate court may not add matters to the record that were not part of the trial-court proceedings)