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Gregory C. Wilk, Jr. v. Yalana Wilk

October 13, 2011

GREGORY C. WILK, JR. PLAINTIFF-APPELLEE
v.
YALANA WILK DEFENDANT-APPELLANT



Civil Appeal from the Cuyahoga County Court of Common Pleas Domestic Relations Division Case No. D-333919

The opinion of the court was delivered by: Frank D. Celebrezze, Jr., J.:

Cite as Wilk v. Wilk,

JOURNAL ENTRY AND OPINION

JUDGMENT:

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED

BEFORE: Celebrezze, J., Kilbane, A.J., and Keough, J.

{¶1} Defendant-appellant, Yalana Wilk, appeals from the judgment entry of divorce entered in the Cuyahoga County Court of Common Pleas, Domestic Relations Division, on December 29, 2010. After review of the record and relevant case law, we affirm in part, reverse in part, and remand.

{¶2} Appellant and Gregory C. Wilk, Jr. ("appellee") were married in McConnelsville, Ohio, on September 23, 2000. On October 25, 2010, appellee filed a complaint for divorce. Upon receiving service of the complaint for divorce on October 29, 2010, appellant failed to file a formal answer with the court. On December 29, 2010, the trial court held a hearing for a final determination of the issues. Appellant did not appear at the hearing and presented no evidence or documentation to the trial court. At the conclusion of the hearing, the trial court issued a final judgment entry granting appellee an uncontested divorce.

{¶3} On January 28, 2011, appellant filed a notice of appeal with this court. Subsequently, appellant filed a motion for relief from judgment and a motion to stay judgment with the lower court on February 9, 2011. On March 16, 2011, appellant filed a motion to remand with this court so that her pending motions with the lower court could be adjudicated. On April 8, 2011, this court denied appellant's motion to remand.

{¶4} Appellant's timely appeal raises three assignments of error:

{¶5} I. "The trial court abused its discretion by naming Gregory C. Wilk as the residential parent and legal custodian of the minor children without considering the best interests of the minor children."

{¶6} II. "The trial court abused its discretion in dividing the marital property by listing the date of termination of the marriage as December 29, 2010, yet using values of assets from June 30, 2010."

{ΒΆ7} III. "The trial court abused its discretion by not ...


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