Wilhelm-Kissinger v. Kissinger
129 Ohio St. 3d 90
| Ohio | 2011Background
- Wilhelm-Kissinger v. Kissinger involves divorce proceedings and a dispute over allegedly illegally obtained and privileged emails between Kissinger and his attorney.
- Kissinger filed a motion in Summit County to disqualify Wilhelm-Kissinger’s attorney, which the trial court denied after a hearing.
- The Ninth District dismissed Kissinger’s appeal as non-final under R.C. 2505.02(B)(4), later reconsidering under 2505.02(B)(2).
- Crockett v. Crockett (Ohio appellate decision) suggested that denial of disqualification in divorce is a final, appealable order, creating a conflict among districts.
- The Ohio Supreme Court accepted jurisdiction to resolve whether denial of a disqualification motion in a divorce is a final, appealable order under 2505.02(B)(2).
- The Court held that the denial of a motion to disqualify in a divorce is not a final, appealable order under R.C. 2505.02(B)(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of disqualification in divorce is final and appealable | Kissinger argues denial affects a substantial right in a special proceeding. | Kissinger (defendant in the court below) contends denial is not final under 2505.02(B)(2). | Not a final, appealable order under 2505.02(B)(2). |
Key Cases Cited
- Russell v. Mercy Hosp., 15 Ohio St.3d 37 (1984) (grant of disqualification is a final appealable order)
- State v. Chambliss, 128 Ohio St.3d 507 (2011) (pretrial removal of counsel is a final order subject to immediate appeal)
- State ex rel. Papp v. James, 69 Ohio St.3d 373 (1994) (divorce identified as a special statutory proceeding under 2505.02(B)(2))
- Crockett v. Crockett, 2003-Ohio-585 (2003) (denial of disqualification in divorce deemed final and appealable by some districts)
- Wilhelm-Kissinger v. Kissinger, 129 Ohio St.3d 90 (2011) (denial of disqualification in divorce not a final, appealable order under 2505.02(B)(2))