2013 Ohio 5887
Ohio Ct. App.2013Background
- The case is an appeal from a trial court order in a custody matter where Robinette was designated residential parent with liberal parenting time and a minimum schedule, including two weekends per month and tri-state area considerations.
- During appeal, parties disputed the meaning of liberal parenting time; a magistrate explained that no new orders could be issued while on appeal, but clarifications/interpreting existing orders were permissible.
- On January 9, 2013, the magistrate issued a clarifying order holding additional tri-state area visitation was encouraged but not required, with procedures for requests and responses between the parties.
- Bryant later moved to clarify the parenting schedule; the March 11, 2013 magistrate decision stated that the parties must agree on any liberal, additional time beyond the scheduled parenting time, and the trial court adopted this as its order.
- Bryant appealed contending lack of jurisdiction to change terms during the pending appeal and arguing the court modified the original judgment; the court of appeals held there was jurisdiction to clarify and that ordinary plain-error review did not apply due to Bryant’s own request for clarification.
- The appellate court affirmed, holding the trial court did not lack jurisdiction and did not impermissibly modify the judgment during the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to clarify during appeal | Bryant argues the court lacked jurisdiction to clarify/modify during appeal. | Robinette contends the court could clarify without conflicting with the appeal. | Court had jurisdiction to clarify; no conflict with appeal. |
Key Cases Cited
- State ex rel. Special Prosecutors v. Judges, 55 Ohio St.2d 94 (Ohio 1978) (trial court may act to execute its judgment during appeal absent stay)
- Yee v. Erie County Sheriff’s Dept., 51 Ohio St.3d 43 (Ohio 1990) (trial court retains jurisdiction to issue non-conflicting orders during appeal)
- State ex rel. Corn v. Russo, 91 Ohio St.3d 551 (Ohio 2001) (jurisdictional limits during appeal and execution of judgments)