Court of Appeals of Ohio, Fifth District, Ashland
from the Ashland County Court of Common Pleas, Domestic
Relations Division, Case No. 15-DIV-032
Plaintiff-Appellee: MATTHEW J. MALONE
Defendant-Appellant: RYAN C. HASSINGER, PRO SE
JUDGES: Hon. John W. Wise, P.J. Hon. Patricia A. Delaney, J.
Hon. Earle E. Wise, Jr., J.
Defendant-Appellant Ryan C. Hassinger appeals the June 22,
2017 judgment entry of the Ashland County Court of Common
Pleas, Domestic Relations Division.
AND PROCEDURAL HISTORY
Defendant-Appellant Ryan C. Hassinger and Plaintiff-Appellee
Tara Hassinger were married on February 27, 2009 and
separated on August 1, 2009. Two children were born of the
marriage, R.H. born June 29, 2007, and C.H. born November 30,
2008. On February 25, 2015, Wife filed a complaint for
The parties reached an agreement as to all issues except the
care and disposition of the children and child support. A
hearing before a magistrate was held on January 6, 2016.
Husband represented himself at the hearing. By decision filed
February 1, 2016, the magistrate named Wife residential
parent and legal custodian of the children, and ordered
Husband to pay child support in the amount of $361.25 per
Husband filed objections to the magistrate's decision. He
simultaneously filed a motion requesting permission from the
trial court to file alternative media to review the evidence
because he could not afford a transcript of the
magistrate's hearing. On February 25, 2016, the trial
court granted the motion in part and denied the motion in
part. The trial court ordered the audio recording of the
magistrate's hearing be provided to Husband, but Husband
was required by Civ.R. 53(D) to file a written transcript to
support his objections to the magistrate's decision. By
separate judgment entry on February 25, 2016, the trial court
ordered the hearing transcript be prepared and made available
to Husband, but Husband was required to pay a $600.00 deposit
to obtain the transcript. Husband did not provide the trial
court with a transcript of the magistrate's hearing. By
judgment entry filed March 22, 2016, the trial court reviewed
the magistrate's findings, found them to be sufficient to
support the conclusions of law, denied the objections, and
adopted the magistrate's decision. The trial court
ordered Wife to prepare the decree of divorce and submit the
decree to the trial court.
Husband appealed the March 22, 2016 judgment entry. In
Hassinger v. Hassinger, 5th Dist. Ashland No.
16-COA-009, 2017-Ohio-2962, we dismissed the appeal for lack
of jurisdiction. The trial court ordered Wife to prepare a
final decree of divorce conforming to the magistrate's
decision and submit the decree to the trial court, which was
not done at the time of the appeal. We found the March 22,
2016 judgment entry was "simply prefatory to the
issuance of a final order." Id. at ¶ 16
citing Huffman v. Huffman, 11th Dist. Lake No.
2015-L-130, 2016-Ohio-62, ¶ 19; Beck v. Beck,
11th Dist. Lake No. 2016-L-031, 2016-Ohio-3012, ¶ 19.
The Decree of Divorce was filed on June 22, 2017. It is from
this judgment Husband now appeals.
Husband raises three Assignments of Error:
"I. THE TRIAL COURT COMMITTED PREJUDICIAL ERROR WHEN IT
DIVESTED THE APPELLANTS FUNDAMENTAL RIGHTS TO PARENT HIS
CHILDREN WITH THE BEST INTEREST OF THE CHILD STANDARD, IN
VIOLATION OF THE DUE PROCESS CLAUSE OF THE FOURTEENTH
AMENDMENTS OF THE U.S. CONSTITUTION.
"II. THE TRIAL COURT COMMITTED PREJUDICIAL ERROR WHEN IT
IMPEDED THE APPELLANT IN PREPARING AND LITIGATING HIS CASE,
IN VIOLATION OF THE DUE PROCESS AND EQUAL PROTECTION CLAUSES