Uber v. Uber, 2017 Ohio 1205

Dana Lyn Uber and Logan Otto Uber divorced by agreed entry in 2012; shared parenting plan established for two minor children.
In July 2014, Logan filed to modify the parenting plan and reduce child support; a magistrate hearing occurred in October 2015.
Magistrate issued a decision on October 26, 2015 recommending modification; the trial court adopted it the same day.
Dana filed objections on November 9, 2015, alleging among other things that the magistrate was inattentive or sleeping during her testimony; she did not file a transcript.
On March 7, 2016 the trial court overruled Dana’s objections for failure to file a transcript; Dana then filed (March 11, 2016) a motion for reconsideration asking the court to review the hearing video/audio (which she could not access).
On March 15, 2016 the trial court granted reconsideration and remanded to the magistrate; appellant appealed. The appellate court sua sponte remanded to ask whether the motion had been treated as a Civ.R. 60(B) motion. The trial court later (Feb. 16, 2017) acknowledged error, denied the reconsideration motion, and appellant’s challenge became moot.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court could grant a post-judgment motion for reconsideration after overruling objections (final order)	Dana argued the court should reconsider because video/audio (not a transcript) would show magistrate misconduct (sleeping) denying due process	Logan argued a motion for reconsideration filed after a final order is a nullity and the trial court lacked authority to revisit its March 7, 2016 final judgment	Trial court initially granted reconsideration but later recognized that it lacked jurisdiction to reconsider a final order and denied the motion; appellate court dismissed the appeal as moot

Pitts v. Ohio Dept. of Transp., 67 Ohio St.2d 378 (Ohio 1981) (a post-judgment motion for reconsideration is a legal nullity)
Chojnacki v. Cordray, 126 Ohio St.3d 321 (Ohio 2010) (doctrines on mootness; appellate review may be dismissed when lower court cures or withdraws the challenged action)