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B. F. v. C. F.

Court of Appeals of Ohio, Ninth District, Summit

December 13, 2017

B. F. Appellee
v.
C. F. Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. DR-2014-08-2154

          STEVEN FANNIN, Attorney at Law, for Appellant.

          MELISSA GRAHAM-HURD, Attorney at Law, for Appellee.

          DECISION AND JOURNAL ENTRY

          JENNIFER HENSAL, Presiding Judge.

         {¶1} C.F. ("Father") appeals from the judgment of the Summit County Court of Common Pleas, Domestic Relations Division. For the reasons set forth below, we vacate the journal entry denying Father's untimely objections to the magistrate's decision, and dismiss Father's appeal of the judgment entry adopting the magistrate's decision.

         I.

         {¶2} This appeal stems from the trial court's adoption of a magistrate's decision that granted Father and B.F. ("Mother") a divorce, calculated child support, divided marital assets, and allocated parental rights and responsibilities. The magistrate issued the decision on April 3, 2017, and the trial court adopted the decision the same day. Father then filed objections to the decision on April 18, 2017. The trial court overruled Father's objections on May 30, 2017, and this appeal followed. Father now raises three assignments of error for our review, which we have combined for ease of consideration.

         II.

         ASSIGNMENT OF ERROR I

         THE TRIAL COURT ERRED WHEN IT APPORTIONED PARENTAL RIGHTS AND RESPONSIBILITIES. THE TRIAL COURT ABUSED IT DISCRETION BY SIGNIFICANTLY REDUCING FATHER'S PARENTING TIME AND OTHERWISE AWARDING PRIMARY RESIDENTIAL AND CUSTODIAL PARENTING RIGHTS TO MOTHER WHICH IS NOT IN THE BEST INTEREST OF THE CHILD.

         ASSIGNMENT OF ERROR II

         THE TRIAL COURT ERRED IN ITS CALCULATION OF FATHER'S INCOME FOR CHILD SUPPORT PURPOSES. THE TRIAL COURT ABUSED ITS DISCRETION BY IMPUTING AN IMPROPER INCOME AND EARNINGS ABILITY UPON FATHER.

         ASSIGNMENT OF ERROR III

         THE TRIAL COURT ERRED IN THE CALCULATION OF MARITAL PROPERTY. THE APPELLANT'S BUSINESS ASSETS WERE OVERVALUED AND THE FINAL MONETARY AWARD IN FAVOR OF THE APPELLEE ...


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