Green v. GreenGreen v. Green
MARY JANE TRAPP, J.
{¶1} On March 26, 2007, appellant, Gary A. Green, filed a notice of appeal from a March 20, 2007 entry of the Portage County Court of Common Pleas, Domestic Relations Division.
{¶2} The March 20, 2007 judgment entry is captioned as “Commitment Notice” and indicates that appellant was sentenced. The entry also indicates that “[a] Journal Entry from this Court will be forthcoming.” Subsequently, a judgment was issued by the
{¶3} In Estate of Sheehan, 11th Dist. No. 2007-G-2774, 2007-Ohio-2571, at ¶4, citing Boltauzer v. Boltauzer (Feb. 3, 1995), 11th Dist. No. 94-L-155, 1995 WL 1692963, at 1, this court stated:
{¶4} “‘Ohio courts have repeatedly held that contempt of court consists of two elements. The first is a finding of contempt, and the second is the imposition of a penalty or sanction. Until both have been made, there is no final order. Chain Bike v. Spoke ‘N Wheel, Inc. (1979), 64 Ohio App.2d 62 ***.‘”
{¶5} In the instant matter, the trial court awarded judgment on the arrearage to appellee in the amount of $28,672.31, and in the amount of $782.76 to the Child Support Enforcement Agency. The court also ordered appellant to serve a period of thirty days incarceration, but he could purge himself of contempt by making a lump sum payment in the amount of $10,000 within fifteen days. Therefore, the second element of contempt has not occurred; namely, a finding by the trial court that the contemnor has failed to purge himself and an imposition of an immediate penalty or sanction.
{¶6} Hence, because there is another order to be entered on the contempt issue, the original citation is not yet final. Until a second order is entered by the trial court, the issue of contempt is not ripe for review. Welch v. Welch, 11th Dist. No. 2004-L-178, 2005-Ohio-560, at ¶5. The contemnor may only file a notice of appeal after the second entry has been made by the trial court. See Sheehan, supra, at ¶6.
{¶7} Based upon the foregoing analysis, this appeal is hereby, sua sponte, dismissed for lack of a final appealable order.
{¶8} Appeal dismissed.
CYNTHIA WESTCOTT RICE, P.J.,
COLLEEN MARY O‘TOOLE, J.,
concur.