Walters v. Moffett
2018 Ohio 3690
Ohio Ct. App.2018Background
- Rebecca Walters and Patrick Moffett divorced; trial court issued a March 13, 2017 divorce decree awarding Moffett spousal support of $750/month for 48 months.
- Walters did not appeal the March 13, 2017 divorce decree.
- On June 27, 2017, Walters filed a Civ.R. 60(B)(1) motion seeking relief for alleged mistakes in the trial court’s findings about (1) her discretionary contributions to college funds and (2) her ability to pay the spousal-support award.
- The trial court denied the Civ.R. 60(B) motion; Walters appealed that denial to the Tenth District Court of Appeals.
- The appellate court affirmed, holding Walters’s arguments were barred by res judicata because the alleged errors were apparent in the record and should have been raised on direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Civ.R. 60(B) relief is available for alleged trial-court mistakes in calculating spousal support | Walters: Trial court mistakenly assessed discretionary income and her ability to pay; mistake warrants relief under Civ.R. 60(B)(1) | Moffett: Errors are record-based and could have been raised on direct appeal; Civ.R. 60(B) is not a substitute for appeal | Denied: Civ.R. 60(B) relief unavailable because the claimed errors were record-evident and barred by res judicata; Walters should have appealed the decree |
Key Cases Cited
- GTE Automatic Elec., Inc. v. ARC Indus., 47 Ohio St.2d 146 (establishes Civ.R. 60(B) three-part test)
- Blasco v. Mislik, 69 Ohio St.2d 684 (Civ.R. 60(B) is not a substitute for appeal)
- Bank of Am. N.A. v. Kuchta, 141 Ohio St.3d 75 (res judicata bars using Civ.R. 60(B) to undo choices not appealed)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (defines abuse of discretion standard)