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Galluzzo v. Galluzzo

Court of Appeals of Ohio, Second District

August 23, 2013

TERESA A. GALLUZZO (nka Cook) Plaintiff-Appellee
v.
MICHAEL A. GALLUZZO Defendant-Appellant

Civil appeal from Common Pleas Court, Domestic Relations T.C. NO. 93DR247

MARK FEINSTEIN, Atty. Reg. No. 0065183, Attorney for Plaintiff-Appellee.

MICHAEL A. GALLUZZO, Defendant-Appellant.

OPINION

DONOVAN, J.

(¶ 1} This matter is before the Court on the Notice of Appeal of Michael Galluzzo, filed December 7, 2012. Galluzzo appeals from the trial court's November 9, 2012 decision, issued following a contempt proceeding, that ordered Galluzzo to perform 40 hours of community service as a result of his failure to pay court costs. We hereby reverse and vacate the decision of the trial court.

(¶ 2} On July 20, 2012, the trial court issued a journal entry that provides that Galluzzo "has failed to pay his outstanding Court costs in the above-captioned matter. The Clerk has sent a fee statement to Defendant on three (3) separate occasions." The court indicated that Galluzzo owes $986.97 and set the matter for a "show cause hearing" on October 5, 2012.

(¶ 3} On August 3, 2012, Galluzzo requested a continuance, and the trial court denied his request. On September 6, 2012, Galluzzo filed a "Motion to Dismiss Hearing" that provides as follows:

* * * Defendant is indigent. Defendant is entitled to $751 per month in Social Security. The state garnishes $209.80 per month for alleged child support * * * leaving me with only $505.20 to try and survive on.
In October 2012, the Social Security Administration will begin taking an additional $99.90 per month for Medicare Insurance. That will leave the
Defendant with $405.20 per month to live on.
It is a complete waste of the court[']s time and resources to proceed with this hearing since the Defendant is indigent and there is no money for court costs. On September 13, 2012, the trial court overruled Galluzzo's motion.

(¶ 4} At the hearing, Galluzzo asserted that he is indigent and provided information about his income and expenses. The following exchange occurred:

THE COURT: * * * Your expenses you've given me under oath you're definitely running about ...

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