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Bosch v. Bosch

Court of Appeals of Ohio, Fifth District, Fairfield

August 21, 2017

NICHOLAS BOSCH Plaintiff-Appellant
v.
KELLY J. BOSCH Defendant-Appellee

         Appeal from the Court of Common Pleas, Domestic Relations Divison, Case No. 13 DR 483

          For Plaintiff-Appellant HOLLY P. REGOLI

          For Defendant-Appellee THOMAS C. LIPP, KEVIN J. TROTTER

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Plaintiff-Appellant Nicholas Bosch (Father), appeals the February 14, 2017 judgment entry adopting the magistrate's decision of the Fairfield County Court of Common Pleas Domestic Relations Division. Defendant Appellee is Kelly Bosch (Mother).

         FACTS AND PROCEEDURAL HISTORY

         {¶ 2} Father and Kelly Bosch were married in September 2008 and have two minor children, one born before their marriage, and one after. They separated in October, 2013. Father filed for a divorce on November 6, 2013. The matter proceeded to a trial before a magistrate on March 14, 2016. The sole purpose of the trial was to address financial matters. Here on appeal, Father's sole issue is the trial court's imputation of his income in the amount of $70, 976.48.

         {¶ 3} Before trial, Father had four different attorneys. At trial, Father represented himself. He made no opening or closing argument, presented no evidence or exhibits, declined to testify, and cross-examined Mother only as to her current income. He presented no evidence as to his current or prior income. He then rested his case.

         {¶ 4} Mother, through counsel, presented evidence of her own income and expenses, as well as W-2's from Father's last known place of employment, Scioto Ready Mix. Father's gross income with Scioto Ready Mix was $70, 976.48.

         {¶ 5} At the conclusion of the trial the parties were directed to submit proposed findings of fact and conclusions of law. Father filed the same on April 19, 2016. The document included seven exhibits and information that Father did not present at trial. The magistrate issued her decision on October 19, 2016. In rendering her decision, the magistrate did not consider the exhibits or information that Father failed to present at trial.

         {¶ 6} Father filed objections to the magistrate's decision on October 31, 2016. Mother filed a reply on January 30, 2017. On January 31, Father filed "Amended and Supplemental Objections to the Magistrate Decision." In each, Father attempted to introduce evidence and pose arguments that should have been raised at trial.

         {¶ 7} On February 14, 2017, the trial court denied Father's objections and amended objections, and ...


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