Pryor v. Pryor
2012 Ohio 756
Ohio Ct. App.2012Background
- Anthony C. Pryor obtained a divorce from Gloria K. Pryor on January 15, 2009 in Ross County.
- Pryor challenged the decree as improperly venued and filed a Motion to Vacate in March 2010 in the Ross County Court of Common Pleas.
- The trial court denied the Motion to Vacate, rejecting a collateral attack on the decree.
- This appeal challenges whether the January 15, 2009 decree can be attacked collaterally on venue grounds.
- The appellate court held that Civ.R. 3(G) bars collateral attacks based solely on improper venue and affirmed the trial court.
- The court previously affirmed the 2009 decree in Pryor v. Pryor, 2009-Ohio-6670.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the divorce decree is void for lack of venue. | Pryor contends venue defects render the decree void. | Pryor should have raised venue on direct appeal; Civ.R. 3(G) bars collateral attack. | Decree not void; collateral attack prohibited; affirm. |
Key Cases Cited
- Patten v. Patten, 2011-Ohio-4254 (Ohio, 4th Dist.) (question of law; collateral attack standards relevant)
- Blaine v. Blaine, 2011-Ohio-1654 (Ohio, 4th Dist.) (law governing collateral attacks on judgments)
- State v. Elkins, 2008-Ohio-674 (Ohio, 4th Dist.) (questions of void judgments reviewed de novo)
- Ohio Pyro, Inc. v. Ohio Dept. of Commerce, 2011-Ohio-4254 (Ohio) (definition and limits of collateral attack; voidness standard)
- Black v. Aristech Chem. Co., 2008-Ohio-7038 (Ohio, 4th Dist.) (collateral attack principles and venue considerations)