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Craig A. James v. Qwensanta Liberty Vaile

October 10, 2011

CRAIG A. JAMES PLAINTIFF-APPELLEE
v.
QWENSANTA LIBERTY VAILE, FKA KRISTIN Q. LIBERTY JAMES DEFENDANT-APPELLANT



CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas, Case No. 01DRA07259 Affirmed

The opinion of the court was delivered by: Farmer, J.

Cite as James v. Vaile,

JUDGMENT:

JUDGES: Hon. William B. Hoffman. P.J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J.

OPINION

{¶1} This case arose from a divorce proceeding between Craig James and appellant, Qwensanta Vaile. On August 19, 2009, Mr. James filed a motion to reappoint appellee, Celeste Brammer, as guardian ad litem for the children. By entry filed August 25, 2009, the trial court granted the motion and appointed appellee as guardian ad litem.

{¶2} A hearing before a magistrate was held on March 5, 2010. The parties entered into a memorandum of agreement which was filed on March 8, 2010, to be memorialized as an agreed judgment entry at a later date.

{¶3} Appellee submitted her guardian ad litem fees to be included in the agreed judgment entry. On April 22, 2010, the agreed judgment entry was filed which included the guardian ad litem fees to be paid by Mr. James in the amount of $1,393.75 and appellant in the amount of $1,768.75.

{¶4} On October 6, 2010, appellee filed a motion for a show cause order against appellant for her failure to pay her share of the guardian ad litem fees. A hearing before a magistrate was held on January 5, 2011. By decision filed January 10, 2011, the magistrate ordered appellant to pay appellee $50.00 per month until the debt was paid. Appellant filed objections. By judgment entry filed February 28, 2011, the trial court overruled the objections and approved and adopted the magistrate's decision.

{¶5} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

I

{¶6} "THE COURT BELOW ERRED IN PERMITTING THE NON-PARTY GUARDIAN AD LITEM TO FILE A MOTION FOR A SHOW CAUSE ORDER AGAINST THE DEFENDANT-APPELLANT FOR THE PURPOSES OF COLLECTING HER ATTORNEY FEES AS THE GUARDIAN AD LITEM DOES NOT HAVE STANDING IN THIS MATTER."

II

{ΒΆ7} "THE COURT ERRED IN PERMITTING THE ACTION TO GO FORWARD BASED ON A MOTION FOR A SHOW CAUSE ORDER THAT SOUGHT A CITATION OF CONTEMPT AND A 'SENTENCE ON INCARCERATION' BECAUSE THIS IS A CIVIL ACTION AS THAT TERM IS DEFINED IN ARTICLE I SECTION 15 OF THE CONSTITUTION OF THE STATE OF OHIO AND IT IS NOT PROPER TO HOLD THE THREAT OF JAIL OVER THE HEAD OF THE ...


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