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Dinardo v. Dinardo

Court of Appeals of Ohio, Eleventh District, Lake

June 19, 2017

SHARON DINARDO, Plaintiff-Appellee,
v.
ARMAND DINARDO, et al., Defendant-Appellant.

         Appeal from the Lake County Court of Common Pleas, Domestic Relations Division, Case No. 2007 DR 000611.

          Sharon Dinardo, pro se, 1588 Ridgewick Road, Wickliffe, OH 44092 (Plaintiff-Appellee).

          Armand Dinardo, pro se, P.O. Box 19202, Cleveland, OH 44119 (Defendant-Appellant).

          OPINION

          THOMAS R. WRIGHT, J.

         {¶1} Appellant, Armand Dinardo, appeals the trial court's decision overruling his objections to the magistrate's decision and granting appellee, Sharon Dinardo, a charging order against Armand's membership interest in Genesis Real Estate Holding Group, LLC for $14, 477.21, costs, interest, and attorney fees. We affirm.

         {¶2} The parties were married, had two children, and ultimately divorced. In 2012, Sharon obtained a judgment against Armand for money he owed to help pay for their children's braces.

         {¶3} In September 2015, Sharon filed a motion pursuant to R.C. 1705.19 to charge Armand's membership interest in his limited liability company, Genesis Real Estate Holding Group, LLC, to secure payment of the outstanding $14, 477.21 judgment.

         {¶4} In response, Armand filed a motion for extension of time and a notice of satisfaction of judgment with an attached agreement dated November 7, 2012 purportedly signed by Sharon. The court first scheduled a hearing in March of 2016, but Armand did not appear. On the date of this hearing, however, Armand filed a supplement to his notice of satisfaction. The hearing was continued until April 8, 2016, and the court ordered Armand to appear and produce the agreement with original signatures.

         {¶5} Thereafter, Armand filed a motion to sever and dismiss Genesis as a party. On the day before the April 8, 2016 hearing, Armand filed another motion asking the court to enter final judgment and dismiss Genesis.

         {¶6} The hearing was held April 8, 2016 on Sharon's motion and Armand again failed to appear. Sharon testified that she obtained a judgment against Armand for $14, 477.21, not paid or satisfied. She denied ever signing the November 7, 2012 agreement.

         {¶7} Following hearing, the magistrate issued a charging order against Armand's interest in Genesis. The magistrate concluded in part, {¶8} "The court finds that defendants' motions are not well-taken. Based on the various pleadings filed by defendant[, ] the court has personal jurisdiction over both defendants and it is clear from the pleadings both defendants had actual notice of the motions of plaintiff and the scheduled hearing dates. The various pleadings filed by defendants give the court personal jurisdiction over Armand Dinardo and Genesis Real Estate Holding Group LLC."

         {¶9} Armand subsequently filed objections that the trial court overruled.

         {¶10} Armand asserts three pro se errors on appeal:

         {¶11} "[1] The trial court erred in refusing to dismiss appellee's motion for charging order for failure of service of ...


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