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Shereill v. Knight

Court of Appeals of Ohio, Ninth District

August 26, 2013

CHRISTOPHER SHERRILL Appellee
v.
KELLY KNIGHT fka SHERRILL Appellant

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE No. 07NU068023

SAM R. BRADLEY, Attorney at Law, for Appellant.

STEPHEN E. S. DARAY, Attorney at Law, for Appellee.

RICHARD STAHL, Guardian ad Litem.

DECISION AND JOURNAL ENTRY

MOORE, Presiding Judge.

(¶1} Defendant, Kelly J. Knight, has attempted an appeal from the judgment of the Lorain County Court of Common Pleas. We dismiss the appeal for lack of jurisdiction.

I.

(¶2} Kelly J. Knight ("Mother") and Christopher A. Sherrill ("Father") were married for approximately ten years, during which time they had one child together. In 2007, Father filed a petition for dissolution of marriage, to which he attached a separation agreement and a shared parenting plan signed by both parties. Thereafter, the trial court issued a decree dissolving the parties' marriage. The decree incorporated the parties' separation agreement as an order of the court. An unsigned copy of the shared parenting plan was attached to the separation agreement.

(¶3} In 2012, Father filed a motion in part requesting the trial court to modify the allocation of parental rights and responsibilities based upon a change in his work schedule, which he maintained would allow him to be with the child on weekday afternoons and evenings while Mother was at work. During proceedings on Father's motion, Mother raised the issue of whether there existed a valid shared parenting decree. The parties briefed this matter in the trial court, and, on September 7, 2012, the trial court issued a ruling determining that the decree of dissolution effectively ordered shared parenting pursuant to the terms of the parties' shared parenting plan. The order did not include a ruling on Father's motion, which remains pending in the trial court.

(¶4} Mother filed an attempted appeal from the September 7, 2012 order, and she now presents one assignment of error for our review.

II.

ASSIGNMENT OF ERROR

THE TRIAL COURT ERRED IN FINDING THAT A VALID SHARED PARENTING PLAN EXISTED BETWEEN THE PARTIES WHEN []IT NEVER ISSUED A SHARED PARENTING DECREE AT THE TIME OF THE PARTIES' DISSOLUTION OF MARRIAGE.

(¶5} In her sole assignment of error, Mother maintains that the trial court erred by determining that the decree of dissolution ordered shared parenting pursuant to the terms of the parties' shared parenting plan. We do not reach the merits of Mother's arguments, as we conclude that the trial ...


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