Baldridge v. Baldridge

2011 Ohio 2423

Ohio Ct. App.

2011

Check Treatment

MARY N. BALDRIDGE v. BRUCE D. BALDRIDGE

Appellate Case No. 2010-CA-10

Trial Court Case No. 2010-DR-299; (Civil Appeal from Common Pleas Court, Domestic Relations)

IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT DARKE COUNTY

Rendered on the 20th day of May, 2011.

[Cite as Baldridge v. Baldridge, 2011-Ohio-2423.]

HALL, J.

ERIN A. MOOSBURGER, Atty. Reg. #0086497, Sebaly Shillito & Dyer, LPA, 1900 Kettering Tower, 40 North Main Street, Dayton, Ohio 45423-1013
Attorney for Plaintiff-Appellant

BRUCE D. BALDRIDGE, 7067 State Route 121, Greenville, Ohio 45331
Attorney for Defendant-Appellee

O P I N I O N

HALL, J.

{¶ 1} Mary Baldridge appeals from the trial court‘s issuance of a one-year civil protection order (CPO) against appellee Bruce Baldridge.

{¶ 2} Mary advances two assignments of error on appeal.¹ First, she contends the trial court erred in failing to issue a five-year CPO. Second, she claims the trial court erred in creating an exception to the CPO that allowed contact between the parties regarding their child.²

{¶ 3} The record reflects that the trial court issued an ex parte CPO on April 16, 2010, and following an evidentiary hearing, issued a Domestic Violence CPO on April 22, 2010, which, by its terms, was in effect until April 16, 2011. Counsel for the appellant acknowledged that no request has been made to have the CPO extended. Moreover, counsel acknowledged that, subsequent to the issuance of the CPO, the appellant obtained a Final Judgment and Decree of Divorce from the appellee, and that decree contains custody and visitation provisions.

{¶ 4} By the express terms of the CPO, it was to expire on April 16, 2011 “unless earlier modified * * *.” There has been no request for an extension of the order in the trial court, and the CPO has now expired. Under these circumstances, we determine that the appellant‘s cause is now moot and the appeal should be dismissed.

{¶ 5} Additionally, however, regarding the custody and visitation portions of the CPO, R.C. 3113.31(E)(3)(b) provides that any part of a CPO involving allocation of parental rights and responsibilities “shall terminate on the date that a court in an action for divorce * * * issues an order allocating parental rights and responsibilities for the care of children * * *.” Accordingly, the custody and visitation portions of the CPO have been terminated by operation of law.

{¶ 6} Based on the reasoning set forth above, we determine that the trial court‘s order has expired or has been terminated and that the appeal is moot.

{¶ 7} This appeal is dismissed.

GRADY, P.J., and DONOVAN, J., concur.

Copies mailed to:

Erin A. Moosburger

Bruce D. Baldridge

Hon. Jonathan P. Hein

Notes

For purposes of clarity, we will refer to the parties by their first names.

Mary‘s initial appellate brief omitted part of her argument. On May 9, 2011, she moved for leave to file a supplemental brief to include the omitted argument. Mary‘s motion has been sustained by separate entry. For purposes of our analysis herein, we rely on her brief as supplemented.