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Hetrick v. Lockwood

Court of Appeals of Ohio, Sixth District, Sandusky

January 12, 2018

Brittany A. Hetrick Appellee
v.
Patrick R. Lockwood Appellant

         Trial Court No. 17 CV 125

          Nancy Jennings, for appellee.

          Amanda A. Andrews, for appellant.

          DECISION AND JUDGMENT

          SINGER, J.

         Introduction

         {¶ 1} Appellant, Patrick R. Lockwood, appeals a civil protection order issued by the Sandusky County Court of Common Pleas. We sua sponte dismiss his appeal for lack of jurisdiction because appellant failed to file objections to the trial court's adoption of the magistrate's decision as required by Civ.R. 65.1(G).

         Background

         {¶ 2} On February 9, 2017, appellee, Brittany A. Hetrick, filed a petition for a civil protection order (CPO) against appellant. An ex-parte hearing was conducted before the magistrate, and following the hearing an ex-parte CPO was issued and filed. A full hearing was then scheduled.

         {¶ 3} Both parties were present at the February 23, 2017 full hearing. Following the hearing, the magistrate granted the CPO for five years beginning March 7, 2017. The trial court adopted the magistrate's decision that same date.

         {¶ 4} Appellant timely appealed, setting forth these assigned errors:

         I. THE TRIAL COURT COMMITTED ERROR WHEN IT FOUND THAT THE APPELLANT/RESPONDENT PATRICK LOCKWOOD HAD KNOWINGLY ENGAGED IN A PATTERN OF CONDUCT THAT CAUSED PETITIONER] TO BELIEVE THAT THE RESPONDENT WILL CAUSE HER PHYSICAL HARM OR CAUSE OR HAS CAUSED MENTAL DISTRESS.

         II. THE TRIAL COURT COMMITTED ERROR WHEN IT FOUND THAT THE TESTIMONY OF APPELLEE PRESENTED AT FULL HEARING WAS NOT CONSISTENT WITH THE TESTIMONY SHE PROVIDED AT THE EX PARTE HEARING HELD ON FEBRUARY 9, 2017 AND THE TESTIMONY SHE PROVIDED AT THE FULL CIVIL PROTECTION ORDER HEARING ON FEBRUARY 23, 2017.

         III. THE TRIAL COURT COMMITTED ERROR WHEN IT FOUND THAT APPELLEE'S FEAR OF APPELLANT REASONABLE GIVEN THE FACTS AND CIRCUMSTANCES HEREIN.

         Law ...


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