2013 Ohio 4933
Ohio Ct. App.2013Background
- Jennifer and Stephen Young divorced by decree entered August 30, 2012; the decree divided marital property including Stephen’s OPERS pension.
- Stephen filed a notice of appeal to this court challenging certain parts of the divorce decree (Young v. Young) and simultaneously filed a Civ.R. 60(B) motion seeking relief from portions of the property division (including lowering the pension coverture fraction and adjusting a vehicle valuation).
- On January 8, 2013 the trial court granted the Civ.R. 60(B) motion and modified the pension coverture calculation and addressed a COLA issue.
- This appeal challenges the trial court’s January 8, 2013 entry, raising two errors: (1) improper coverture fraction calculation based on de facto termination date; and (2) awarding the plaintiff a 3% COLA in perpetuity.
- The court held that once Stephen filed his direct appeal from the August 30, 2012 decree, the trial court lacked jurisdiction to modify the property division via Civ.R. 60(B); therefore the January 8, 2013 entry was void and not a final appealable order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court could modify property division (pension coverture) after notice of appeal | Young: trial court lacked authority to change property division after appeal; appellee opposed modification | Young: sought reduction of coverture fraction to reflect de facto marriage termination date and other property adjustments via Civ.R. 60(B) | Trial court lacked jurisdiction to modify the property division after notice of appeal; January 8, 2013 order void and appeal dismissed |
| Whether trial court properly awarded 3% COLA to appellee | Young: COLA award was improper or should not be modified on post-appeal motion | Young: challenged COLA as part of Civ.R. 60(B) relief | COLA modification was part of property division; court could not alter it pending appeal; modification void |
Key Cases Cited
- Howard v. Catholic Social Servs. of Cuyahoga Cty., 70 Ohio St.3d 141 (trial court retains jurisdiction over matters not inconsistent with appellate review)
- Hoyt v. Hoyt, 53 Ohio St.3d 177 (pension benefits earned during marriage are marital property)
- Patton v. Diemer, 35 Ohio St.3d 68 (void judgment doctrine when entered without jurisdiction)
- Pratts v. Hurley, 102 Ohio St.3d 81 (a judgment rendered without jurisdiction is void)
- State ex rel. Carnail v. McCormick, 126 Ohio St.3d 124 (void judgments are not final, appealable orders)