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D.R. v. J.R.

Court of Appeals of Ohio, Ninth District

July 10, 2013

D.R. Appellee
v.
J.R. Appellant

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. DR-2011-10-3021

ALEXANDER R. FOLK, Attorney at Law, for Appellant.

D.R., pro se, Appellee.

DECISION AND JOURNAL ENTRY

DONNA J. CARR, Judge.

{¶1} Appellant, J.R., appeals the judgment of the Summit County Court of Common Pleas, Domestic Relations Division. This Court reverses.

I.

{¶2} On October 12, 2011, D.R. petitioned the Summit County Domestic Relations Court for a civil protection order. At the time D.R. filed her petition, D.R. and J.R. were in the processes of getting divorced. The trial court promptly denied the petition for a temporary protection order, but set the matter for a full hearing on October 25, 2011. J.R. appeared at the hearing before the magistrate with counsel, and D.R. appeared pro se. At the close of the evidence, the magistrate took the matter under advisement.

{¶3} On October 28, 2011, the trial court issued a magistrate's decision finding that D.R. was entitled to a civil protection order against J.R. The trial court adopted and approved the magistrate's decision the same day. On November 7, 2011, counsel for J.R. filed objections to the magistrate's decision, and filed a praecipe for the court reporter to prepare a transcript. J.R. further requested leave to file supplemental objections after the filing of the transcript. On June 26, 2012, the court reporter filed a transcript of proceedings. Subsequently, on July 6, 2012, counsel for J.R. filed supplemental objections to the magistrate's decision.

{¶4} On December 6, 2012, the trial court issued a journal entry dismissing the objections as moot. On January 2, 2013, J.R. filed a notice of appeal.

{¶5} On appeal, J.R. raises three assignments of error.

II.

ASSIGNMENT OF ERROR I

THE TRIAL COURT ERRED BY FINDING APPELLANT'S OBJECTIONS TO THE DECISION OF ...

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