Francis v. FrancisFrancis v. Francis
Dated: November 22, 2010
DICKINSON, Presiding Judge.
INTRODUCTION
{¶1} Betty and Lee Francis divorced after 17 years of marriage. The trial court denied Mr. Francis’s request for sharеd parenting and gave custody of their six children to Ms. Francis. Mr. Francis has appealed, assigning ten errors. We аffirm because Mr. Francis has not provided this Court with a copy of the trial transcript or a statement of the еvidence under
LACK OF TRANSCRIPT
{¶2} Mr. Francis’s first assignment of error is that the trial court incorrectly designated Ms. Francis as the children’s sole residential parent. His second assignment of error is that the court incorrectly refused to let a lawyer who showed up late for the trial represent him and incorrectly denied his motion for a continuance. His third аssignment of error is that the court incorrectly found that a civil protection order was in effect at the time of trial. His fourth
{¶3} We are unable to review Mr. Francis’s assignments of error becаuse he did not provide this Court with a copy of the trial transcript. This Court’s review is limited to the record provided tо it under
{¶4} Mr. Francis has argued that he is indigent and, therefore, could not afford to have a transcript prepared. The United States Supreme Court, however, “has recognized a constitutional right to . . . a transcript at the State’s expense [in a civil case] only in appeals from orders permanently terminating parental rights.” Murray v. Murray, 9th Dist. No. 06CA008982, 2007-Ohio-3301, at ¶6 (citing M.L.B. v. S.L.J., 519 U.S. 102, 127-28 (1996) (recognizing
{¶5} Furthermоre, Mr. Francis has not demonstrated that he could not avail himself of the alternative to providing a transcript, which was to submit a statement of the evidence under
{¶6} “The Supreme Court of Ohio has held, in the context of a civil case, that ‘a trаnscript is unavailable for purposes of App.R. 9(C) to an indigent appellant unable to bear the cost of providing a transcript.’” St. Germaine v. St. Germaine, 2d Dist. No. 2009 CA 28, 2010-Ohio-3656, at ¶14 n.1 (quoting State ex rel. Motley v. Capers, 23 Ohio St. 3d 56, 58 (1986)). “The narrative statement provided for in
{¶7} Because Mr. Francis has not provided this Court with a transcript or statement of the evidence, we are unable to determine whether the trial court incorrectly designated Ms. Francis аs the sole residential parent, incorrectly refused to let the lawyer who showed up late for trial represent him, incorrectly denied his motion for a continuance, incorrectly found that a civil protection order was still in effect, incorrectly refused to let him present evidence regarding the civil protectiоn order, incorrectly failed to appoint a lawyer for the children, incorrectly imputed income tо him for purposes of calculating child support, incorrectly denied him visitation rights,
CONCLUSION
{¶8} Because Mr. Francis did not provide this Court with a transcript or a statement of the evidence under
Judgment affirmed.
There were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Lorain, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk оf the Court of Appeals at which time the period for review shall begin to run.
CLAIR E. DICKINSON
FOR THE COURT
WHITMORE, J.
MOORE, J.
CONCUR
APPEARANCES:
LEE A. FRANCIS, pro se, appellant.
BRETT F. MURNER, attorney at law, for appellee.