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Darr v. Livingston

Court of Appeals of Ohio, Tenth District

March 9, 2017

Kelly Darr, Plaintiff-Appellee,
v.
Seth Livingston, Defendant-Appellant.

         APPEAL from the Franklin County Court of Common Pleas, Division of Domestic Relations. C.P.C. No. 08DR06-2576

          Sowald Sowald Anderson Hawley & Johnson, and Marty Anderson, for appellee.

          Marty Anderson.

          Williams & Schoenberger, and Laura M. Peterman, for appellant.

          Laura M. Peterman.

          DECISION

          KLATT, J.

         {¶ 1} Defendant-appellant, Seth Livingston, appeals a judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, that found him in contempt and ordered him to pay $6, 500 in attorney fees and costs to plaintiff-appellee, Kelly Darr. For the following reasons, we dismiss the assignments of error challenging the finding of contempt, as subsequent events have rendered those assignments of error moot. We affirm the trial court's award of attorney fees and costs.

         {¶ 2} The parties married in 1999, and during the marriage, they had one child. On June 27, 2008, Darr filed for divorce. In the agreed judgment entry/decree of divorce, entered April 2, 2009, the trial court stated:

The Parties own real estate located at 191 West Lincoln Avenue, Delaware, Ohio, 43015. Said property shall immediately be placed for sale. During the pendency of the sale, Defendant shall have exclusive use of said property and Defendant shall be solely liable for all real estate related expenses, including mortgage and taxes, and shall hold Plaintiff harmless on the same until said real estate is sold. Upon sale of said property, all proceeds shall be applied in the following manner:
1. Mortgage and sales costs;
2. All credit card debt for both parties, including USAA Mastercard ($9, 579), Menards ($1, 304), Bank of America Amex ($16, 635), Citibank Mastercard ($3, 034), and Chase Visa/Mastercard ($6, 957).
3. Balance of note on Defendant's 2003 Dodge Ram ($6, 878)[.]
4. The parties shall equally divide all amounts owed to repair and renovate the marital real estate which are due and owing as of October 29, 2008, upon proof of expense (verification of receipts). Estimate as of October 29, 2008, $16, 000-$18, 000.
5. Remainder of proceeds shall be divided evenly (50/50) between the parties.
The Plaintiff shall fully cooperate with the Defendant with respect to the listing and sale of the real property and shall execute any and all documents necessary to effect the sale of the real estate. The Plaintiff and Defendant shall agree upon the listing agent, listing price and terms of sale and shall follow the recommendations of their realtor regarding same.

(Apr. 2, 2009 Agreed Jgmt. Entry/Decree of Divorce at 2-3.)

         {¶ 3} Livingston initially listed the West Lincoln Avenue house for sale in October 2008. The house remained on the market until October 2009. During that period, no one made an offer on the house, ...


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