Wells v. Park, 2016 Ohio 5598

Darren R. Wells and Carrie T. Wells divorced after lengthy proceedings concerning property, custody, spousal support, and child support for two children.
The parties entered interim agreements in 2007–2008 but the final division and child support were unresolved and litigated through multiple hearings and appeals.
After remand from this Court (Wells II), the trial court recalculated child support and set amounts for two periods (Feb. 1, 2007–July 1, 2012 and thereafter).
Wells appealed the appellate decision to the Ohio Supreme Court on February 5, 2015. While that appeal was pending, on June 16, 2015 Carrie Wells filed motions in the trial court seeking determination and payment of the child support arrearage.
The trial court that same day entered judgment finding an arrearage of $293,070.05 and ordering payment, without allowing Wells to respond. The Supreme Court later declined jurisdiction.
The Ninth District Court of Appeals vacated the June 16, 2015 trial-court entry and remanded, holding the trial court was divested of jurisdiction once Wells filed his notice of appeal to the Ohio Supreme Court; remaining procedural objections were rendered moot.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court had jurisdiction to rule on post-appeal motions after Wells filed a notice of appeal to the Ohio Supreme Court	Wells: Filing a notice of appeal divested the trial court of jurisdiction except to act in aid of the appeal; therefore the June 16, 2015 entry was void	Carrie: (implicit) trial court could resolve remanded child-support calculation and enter judgment	Held: Appeal divested the trial court of jurisdiction; the June 16, 2015 entry was vacated and matter remanded
Whether the trial court’s June 16, 2015 entry was issued ex parte without affording Wells an opportunity to respond	Wells: Entry was ex parte and procedurally improper	Carrie: (implicit) prompt resolution was appropriate	Held: Moot after jurisdictional ruling; court did not decide on merits but vacated entry
Whether the trial court failed to follow local rules and its stay order in issuing the June 16, 2015 entry	Wells: Trial court ignored local rules/stay, rendering action improper	Carrie: (implicit) procedures followed sufficiently	Held: Moot following vacation of the entry
Whether the trial court failed to comply with the appellate remand by issuing a determination without hearing or new evidence	Wells: Remand required clarification/recalculation with proper procedures and opportunity to present evidence	Carrie: (implicit) trial court’s action complied with remand	Held: Moot after jurisdictional ruling

State v. Washington, 137 Ohio St.3d 427 (2013) (filing a notice of appeal divests the trial court of jurisdiction except to act in aid of the appeal)
In re S.J., 106 Ohio St.3d 11 (2005) (same principle regarding loss of trial-court jurisdiction upon appeal)
State ex rel. Special Prosecutors v. Judges, Court of Common Pleas, 55 Ohio St.2d 94 (1978) (appellate review principles and limits on trial-court action after appeal)