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Patino v. Foust

December 4, 2008

MANUEL PATINO PLAINTIFF-APPELLANT
v.
MARIANA FOUST, FKA, CARCHIPULLA DEFENDANT-APPELLEE



Civil Appeal from the Cuyahoga County Court of Common Pleas. Domestic Relations Division Case No. D-293334. JUDGMENT: AFFIRMED.

The opinion of the court was delivered by: Sean C. Gallagher, P.J.

JOURNAL ENTRY AND OPINION

BEFORE: Gallagher, P.J., Calabrese, J., and Kilbane, J.

{¶1} Appellant Manuel Patino appeals the judgment of the Cuyahoga County Court of Common Pleas, Domestic Relations Division. Finding no error in the proceedings below, we affirm.

{¶2} Patino and appellee Mariana Foust were granted a dissolution on August 19, 2003. The decree of dissolution included a shared parenting plan. The plan provided that both parents shall be designated "residential parent" of the children when they are in the possession of the parent. The plan provided that the children would finish the 2004-2005 school year in the Cleveland schools, and then attend the Parma schools, the district where the mother lived, in 2005-2006. Originally, no child support was ordered.

{¶3} Since December 17, 2003, Patino and Foust have been involved in continuous litigation regarding the children. On September 1, 2005, the trial court ruled the following:

"Upon good cause shown, and pending further order of the Court, Mariana Carchipulla nka Mariana Foust, is hereby designated and named as the residential parent and legal custodian of the minor children * * * and the Plaintiff, Manuel Patino, shall have parenting time with the children in accordance with the standard visitation guidelines of the Court * * *. The plaintiff, Manuel Patino, is further ordered to fully cooperate with the defendant in the enrollment of the minor children in the Parma Schools and to further insure their proper attendance therein."

{¶4} After the September 1, 2005, judgment, Patino was arrested and charged with rape, kidnapping, and domestic violence. The victim was his girlfriend. He was jailed for three months, from December 16, 2005, until March 11, 2006, because of his inability to post bond. Patino pled guilty to misdemeanor assault and was placed on probation.

{¶5} Numerous motions were filed by both parties and the guardian ad litem ("GAL"). All were set for trial before the judge. Ultimately, Foust's motions for custody, contempt, child support, and attorney fees were granted, while Patino's motions were denied.

The GAL was awarded fees to be paid by Foust and Patino.

{¶6} Patino appeals, advancing six assignments of error for our review. Initially, we note that App.R. 16(A)(7) states that an appellant's brief shall include "[a]n argument containing the contentions of the appellant with respect to each assignment of error presented for review and the reasons in support of the contentions, with citations to authorities, statutes, and parts of the record on which appellant relies."

{¶7} Pursuant to App.R. 12(A)(2), we will not address assignments of error one, two, and three*fn1 because Patino has failed to argue the assignments separately in his brief, he fails to set forth reasons to support his assertions, and he fails to cite authority in support of his assertions.

{¶8} Patino's fourth assignment of error states the following:

"IV. The trial court erred in finding the plaintiff-father's income was imputed at $28,178 based on records more than two years old and in view of the prior ...


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