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Kevin Phillips v. Kristin Robinson

December 26, 2012

KEVIN PHILLIPS APPELLANT
v.
KRISTIN ROBINSON APPELLEE



APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF MEDINA, OHIO CASE No. 03PA0131

The opinion of the court was delivered by: Moore, Presiding Judge.

Cite as Phillips v. Robinson,

DECISION AND JOURNAL ENTRY

{¶1} Plaintiff-Appellant, Kevin Phillips, appeals the judgment of the Medina County Court of Common Pleas, Domestic Relations Division, dismissing his motion for failure to comply with a court order. This Court reverses.

I.

{¶2} In July 2011, Mr. Phillips filed a motion requesting that the court issue an order establishing parental rights and responsibilities and a parenting schedule. On October 6, 2011, the court filed an order stating that the parties had reached an agreement and that Mr. Phillips' attorney was to file an agreed judgment entry signed by both parties within 30 days. On December 2, 2011, Mr. Phillips filed a proposed judgment entry signed by both parties and their respective attorneys, and requested the court adopt the judgment entry.

{¶3} The court did not adopt the judgment entry. Instead, it held a status conference with the attorneys on January 4, 2012. On January 6, 2012, Mr. Phillips forwarded a revised judgment entry to Ms. Robinson's attorney. Mr. Phillips did not receive a response. On February 22, 2012, Mr. Phillips contacted Ms. Robinson's attorney again and made a minor change to the judgment entry as requested. Mr. Phillips then filed the entry with the trial court and requested the court adopt the proposed entry.

{¶4} On April 16, 2012, the court dismissed Mr. Phillips' case, finding that he had failed to comply with a court order; specifically, Mr. Phillips had failed to file an agreed judgment entry signed by both parties and their counsel. Mr. Phillips now appeals and presents two assignments of error for our review. To facilitate the analysis, we address the assignments of error together.

II.

ASSIGNMENT OF ERROR I

THE TRIAL COURT ERRED AND/OR ABUSED ITS DISCRETION UNDER OHIO LAW IN DISMISSING [PHILLIPS'] PENDING MOTIONS.

ASSIGNMENT OF ERROR II

THE TRIAL COURT'S DECISION DISMISSING [PHILLIPS'] PENDING MOTIONS WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.

{ΒΆ5} In his two assignments of error, Mr. Phillips argues that the trial court erred in its decision to dismiss his pending motions because the court erroneously found that he ...


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