Roberts v. Roberts
2017 Ohio 8473
| Ohio Ct. App. | 2017Background
- Maryanne Roberts filed for divorce April 17, 2014; final decree entered January 4, 2017 after multiple continuances and discovery disputes.
- Trial dates were continued repeatedly by both parties; final trial began October 31, 2016 following denials of last-minute continuance motions by Maryanne.
- William Roberts obtained protective orders barring Maryanne from taking certain depositions (Dr. Mary Roafel and an additional deposition of William) and from producing account documents after March 31, 2016.
- Maryanne moved (late) to continue trial alleging incomplete discovery; court denied those motions and proceeded to trial.
- The decree awarded child support beginning October 1, 2016, a lump-sum temporary spousal support covering June 1, 2015–September 30, 2016, and ongoing spousal support for 47 months starting October 1, 2016.
- Maryanne appealed, arguing the court abused discretion by (1) denying continuances, (2) resolving support and property division without complete financial discovery, and (3) failing to award retroactive support to April 17, 2014.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of Maryanne's last-minute continuances was an abuse of discretion | Denial prevented completion of discovery and impaired trial preparation | Continuances were tardy, discovery deadline had passed, protective orders in place, and delays would be prejudicial | Court affirmed denial; no abuse of discretion |
| Whether court erred by deciding support and property division without full income/property info | Protective orders and denial of continuance left the record incomplete | Trial court properly managed discovery; protective orders and lack of motions to compel justified rulings | Court upheld trial court's control over discovery and its rulings |
| Whether support should have been made retroactive to filing of complaint (April 17, 2014) | Maryanne sought retroactive child and spousal support back to complaint date | Trial court adopted agreed shared-parenting plan (support effective Oct. 1, 2016) and awarded lump-sum temporary support covering June 1, 2015–Sept. 30, 2016 | Court held no abuse of discretion; retroactivity to 2014 not required; awards affirmed |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (defines abuse of discretion standard)
- Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619 (Ohio 1993) (appellate review limits and deference to trial court judgment)
- Unger v. State, 67 Ohio St.2d 65 (Ohio 1981) (factors trial courts consider when ruling on continuance requests)
- State ex rel. Grandview Hosp. & Med. Ctr. v. Gorman, 51 Ohio St.3d 94 (Ohio 1990) (trial courts have broad authority over discovery)
- Ostmann v. Ostmann, 168 Ohio App.3d 59 (Ohio Ct. App. 2006) (abuse of discretion standard applies to child support determinations)