IN RE G.C. [Appeal by Father, J.V.C.]
No. 109969
COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA
July 15, 2021
2021-Ohio-2442
MARY EILEEN KILBANE, J.
Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case No. CU16101851
JUDGMENT: VACATED
RELEASED AND JOURNALIZED: July 15, 2021
Appearances:
Hans C. Kuenzi, Co., L.P.A. and Hans C. Kuenzi, for appellant.
S.Y.C., pro se.
MARY EILEEN KILBANE, J.:
{¶ 1} Plaintiff-appellant, J.V.C. (“Father“), appeals from the trial court‘s denial of his motion for relief from judgment.1 For the reasons that follow, we vacate
FACTUAL AND PROCEDURAL BACKGROUND
{¶ 2} This appeal is the latest in a series of appeals by J.V.C. (“Father“) and S.Y.C. (“Mother“) regarding their two minor children: J.C. (d.o.b. 1/18/06) and G.C. (d.o.b. 12/11/08). A December 22, 2009 order of the Lake County Juvenile Court designated Father as residential parent and legal custodian of the children and provided that Mother would have a modified standard visitation schedule. She was also ordered to pay child support to Father. On September 6, 2013, the juvenile court awarded Mother equal visitation with the children on an alternate weekly basis and issued a revised child support order.
{¶ 3} On October 16, 2015, Mother filed motions to waive and/or recalculate child support and to share federal tax credits. On January 12, 2016, while the motions were pending, the Lake County Juvenile Court transferred all proceedings to the Cuyahoga County Juvenile Court. In August 2016, Mother refiled her motions and Cuyahoga County Juvenile Court held a hearing on Mother‘s motions on December 5, 2018.
{¶ 4} On April 13, 2020, the trial court issued its written judgments regarding the motions and the court ordered that Mother‘s motions to recalculate/modify child support and to share the federal tax credits were granted, and that effective December 5, 2018, Mother‘s child support obligation was reduced to $0. The trial court further ordered that within 30 days of the date of its order,
{¶ 5} On May 15, 2020, Mother filed her notice of appeal from the trial court‘s April 13, 2020 judgment entry. On May 18, 2020, Father filed a motion for relief from judgment pursuant to
{¶ 6} On August 24, 2020, the trial court denied Father‘s motion for relief from judgment noting that: “following the Court‘s filing of its decision and judgment entry, an appeal was filed and remains pending. Upon due consideration, it is ordered that the Motion for Relief from Judgment is denied.” On September 22, 2020, Father filed a notice of appeal from the trial court‘s August 24, 2020 judgment entry denying his motion for relief from judgment.
{¶ 7} This appeal follows. Father raises the following two assignments of error:
- Whether the trial court erred in failing to conduct hearing upon Father‘s Motion for Relief from Judgment.
- Whether the trial court erred in failing to grant Father‘s Motion for Relief from Judgment.
{¶ 8} Before Father‘s assignments of error can be considered, this court must assess whether Father‘s appeal from the juvenile court‘s August 24, 2020 judgment is ripe for review.
{¶ 9} “The Ohio Supreme Court has held that once an appeal is filed, the trial court is divested of its jurisdiction to consider
{¶ 10} Where the trial court enters an order without jurisdiction, its order is void and a nullity. State v. Abboud, 8th Dist. Cuyahoga Nos. 87660 and 88078, 2006-Ohio-6587, ¶ 13, citing State v. Taogaga, 8th Dist. Cuyahoga No. 79845, 2002-Ohio-5062, ¶ 18. “It is axiomatic that plaintiffs cannot appeal from a void judgment.” City Friends v. Kuhlman, 8th Dist. Cuyahoga No. 61414, 1991 Ohio App. LEXIS 4988, 4 (Oct. 17, 1991). Because no appeal lies from a void judgment, an appeal based on a void judgment is properly dismissed. Kornick v. Zomparelli, 8th Dist. Cuyahoga Nos. 53599 and 53875, 1988 Ohio App. LEXIS 896, 3 (Mar. 17, 1988).
{¶ 11} Accordingly, when Mother filed her notice of appeal on May 15, 2020, the juvenile court was divested of jurisdiction to consider Father‘s
{¶ 12} The trial court‘s void judgment is vacated, and the case is remanded to the juvenile court for further proceedings consistent with this opinion.
It is ordered that appellant recover from appellee costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate be sent to said court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to
MARY EILEEN KILBANE, JUDGE
ANITA LASTER MAYS, P.J., and KATHLEEN ANN KEOUGH, J., CONCUR