2019 Ohio 3888
Ohio Ct. App.2019Background
- Parties married in 2009; one child born 2012; appellee (Monique Allen-Story) filed for divorce on March 1, 2017.
- Appellant (Jimmy Story) filed an answer and multiple motions on March 28, 2017, appeared repeatedly at hearings, and participated in trial dates in April and June 2018.
- Appellee filed service instructions and a special process server personally served appellant on August 7, 2017; appellee also filed witness lists, expert report, income affidavit, and trial brief before trial.
- Trial court issued a final divorce decree on September 5, 2018 awarding support, custody, property division, and splitting court costs.
- Appellant appealed pro se alleging lack of service/jurisdiction, failure to receive discovery, fraud on the court (Civ.R. 60(B)), erroneous support/custody/property rulings, and improper imposition of costs.
- The appellate court affirmed: it found proper service and participation, no abuse of discretion on discovery, insufficient fraud-on-the-court allegations, and declined to revisit merits because appellant failed to provide transcripts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service of process / personal jurisdiction | Complaint and subsequent personal service were proper; appellant also appeared and filed pleadings | Story claimed he was homeless, gave only a P.O. Box, and was never properly served so court lacked jurisdiction | Court found service proper (including personal service Aug 7, 2017) and appellant had affirmatively submitted to jurisdiction by appearing and filing pleadings; error overruled |
| Discovery / disclosure of exhibits and witness lists | Appellee complied with trial order; filings and certificates of service show documents were mailed or emailed | Story contended he did not receive subpoenas, witness lists, exhibits, and discovery and was prejudiced | Court held trial-court discretion was not abused; certificates of service and docket filings created a rebuttable presumption of service; appellant showed no prejudice; error overruled |
| Fraud on the court / Civ.R. 60(B) relief | There was no fraud on the court; service and procedures were proper | Story sought relief alleging lack of service, refusal to consider video evidence, GAL/family-evaluation defects, and judicial impropriety | Court concluded Story failed to plead facts supporting the narrow doctrine of "fraud upon the court"; denial of relief was proper; error overruled |
| Weight of the evidence as to support, custody, property division | Appellee relied on trial record, documents, and statutory standards | Story argued trial rulings were unsupported but failed to provide transcripts or an alternative record for appellate review | Absent transcripts or an alternative record, appellate court presumed regularity in trial proceedings and could not review the merits; errors overruled |
| Appellate briefing defects / court costs | Appellee requested costs as ordered in decree | Story raised unexplained/unclear assignments and cited no law; challenged imposition of costs | Several assignments were disregarded for failure to comply with App.R.16; appellate court affirmed split/cost award and taxed costs against appellant |
Key Cases Cited
- State ex rel. Ballard v. Maloney, 50 Ohio St.3d 182, 553 N.E.2d 650 (Ohio 1990) (trial court lacks jurisdiction to enter judgment against a person not served and who did not appear)
- Coulson v. Coulson, 5 Ohio St.3d 12, 448 N.E.2d 809 (Ohio 1983) (explaining "fraud upon the court" standard for Civ.R. 60(B)(5))