Court of Appeals of Ohio, Sixth District, Sandusky
Tomi J. Smith Appellee
Franklin D. Smith, Jr. Appellant
Court No. 12DR971
Ickes, for appellee.
A. Kendall, for appellant.
DECISION AND JUDGMENT
1} In this case, Franklin D. Smith, the
defendant-appellant and "husband" herein, appeals a
final divorce decree decided by the Sandusky County Court of
Common Pleas. Appellant claims six assignments of error, all
of which pertain to the division of property recommended by a
magistrate and adopted by the trial court. The
plaintiff-appellee, and "wife" herein, is Tomi J.
2} For the reasons that follow, we affirm the
decision of the trial court.
Statement of Facts and Procedural History
3} Husband and wife were married from January 7,
1995 until July 22, 2013. They had one child together, a
daughter, who was emancipated as of the final divorce
4} Wife filed for divorce on August 10, 2012.
Husband did not answer, or otherwise respond, to the
complaint. Likewise, husband failed to file "G-1 and G-2
Affidavits of Income and Expenses and Property" required
by local rule. (Sandusky County Court of Common Pleas,
Domestic Relations Division Loc. R. (A)(3)(a)).
5} The following facts were developed at the
"final divorce hearing" hearing, held on July 22,
6} The parties separated in December of 2011 when
wife left the marital home, taking with her some personal
property. She claims to have left behind personal property
valued at $30, 000, attributed mostly to the value of
7} Wife is a licensed massage therapist and
cosmetologist. In 1998, while married, wife purchased a
business, Hair Plus Salon, from her parents. Wife is the sole
proprietor of the business. She also works on a contract
basis for ProMedica. In 2012, wife reported $32, 916 in
8} Husband and wife own individual retirement
accounts, each of which had a value of about $12, 000.
9} At the time of hearing, husband was still living
at the marital home, located on Lynber Lane in Clyde, Ohio.
Plaintiff estimated that the value of that property was $250,
000; husband estimated that it was $200, 000. The parties
also owned a home located in Port Clinton, Ohio, which wife
valued at $65, 000. Finally, the parties co-owned a
time-share, which wife valued at $2, 000.
10} Husband is the sole proprietor of JES Leasing
Services LLC, which is a holding company of Electrical
Control Design ("ECD"). Husband operates ECD, which
is an electrical contracting firm. He testified that he
believed the assets of the business were worth about $64,
11} Wife offered into evidence her individual tax
returns for 2012, various medical and legal bills, a 2010 tax
return and bank statement for ECD, another statement for the
holding company, and the parties' joint 2012 tax return.
12} Husband put forth no evidence, excluding his
testimony, at the hearing.
The Magistrate's March 26, 2015 Decision
13} The magistrate recommended that that the trial
court adopt and approve the following division of property:
Wife: Hair Salon Plus, two cars, wife's
retirement plan; all personal property in her current