Woodie v. Patterson
2014 Ohio 3017
Ohio Ct. App.2014Background
- James Woodie filed for divorce; an agreed judgment entry and decree of divorce was entered July 25, 2012 allocating property, payroll continuation to August 31, 2012, treatment of certain rental receipts ("Kno-Ho-Co"), and obligations regarding Coshocton Trucking indebtedness.
- Post-divorce, parties disputed allocation/payment of personal property, payment of Deanna’s wages through August 31, 2012, distribution of Kno-Ho-Co funds, and removal of Deanna’s name from business credit (American Express).
- James and Deanna each filed contempt motions; evidentiary hearings were held May 31 and July 19, 2013.
- Trial court: denied James’s contempt motion about real-estate expenses; granted in part and denied in part Deanna’s motion — found James in contempt for being present at the personal-property exchange and for forcibly taking a Jon boat; ordered purge payments including fines, attorney fees, and payment for the boat.
- James appealed the contempts and fee/boat awards; Deanna appealed the trial court’s denials concerning personal property, unpaid wages, Kno-Ho-Co funds, and removal from the American Express account.
Issues
| Issue | Plaintiff's Argument (Deanna) | Defendant's Argument (James) | Held |
|---|---|---|---|
| Whether James was in contempt for failing to deliver personal property listed in the decree | James failed to deliver items listed to Deanna | Items were shipped, signed for, missing, or replaced; Deanna’s testimony was inconsistent | Trial court did not abuse discretion; no contempt (affirmed) |
| Whether James failed to pay Deanna salary through Aug 31, 2012 as required | Deanna paid only through Aug 29; entitled to two more days’ pay | Deanna was paid equal to or more than required under any reasonable calculation | Trial court did not abuse discretion; no contempt (affirmed) |
| Whether James improperly withheld or misapplied Kno-Ho-Co funds | Cam Taylor arrangement required distribution of excess funds to Deanna; James failed to do so | Cam Taylor refused to manage properties; Kno-Ho-Co funds were consumed by expenses, no excess existed | Trial court did not abuse discretion; no contempt (affirmed) |
| Whether James failed to remove Deanna from Coshocton Trucking credit (American Express) | Deanna’s name remained on AmEx; James failed to refinance/pay off as required | James made best efforts, has paid the balance and held Deanna harmless; refinance unsuccessful due to funds | Trial court did not abuse discretion; no contempt (affirmed) |
| Whether James was in contempt for taking the Jon boat during exchange | (Deanna) The boat was hers; James violated the decree | (James) Exhibit shows both parties checked; he reasonably believed boat was his | Court erred: decree ambiguous (both columns checked); contempt for taking boat reversed; related fee and boat-payment orders reversed |
Key Cases Cited
- Brown v. Executive 200, Inc., 64 Ohio St.2d 250, 416 N.E.2d 610 (Ohio 1980) (civil-contempt standard: clear and convincing evidence)
- C.E. Morris Co. v. Foley Construction Co., 54 Ohio St.2d 279, 376 N.E.2d 578 (Ohio 1978) (appellate review: do not disturb finding supported by competent, credible evidence)
- Blakemore v. Blakemore, 5 Ohio St.3d 217, 450 N.E.2d 1140 (Ohio 1983) (abuse-of-discretion standard defined)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77, 461 N.E.2d 1273 (Ohio 1984) (deference to trial court credibility findings)
- State ex rel. Celebrezze v. Gibbs, 60 Ohio St.3d 69, 573 N.E.2d 62 (Ohio 1991) (standard of review for contempt orders)
Disposition: Affirmed in part (denials of contempt re: personal property, wages, Kno-Ho-Co, AmEx); Reversed in part (contempt, boat payment, and attorney-fee award related to Jon boat) and remanded for proceedings consistent with opinion.