David M. Harris, Plaintiff-Appellant,
Ashley L. Delong, Defendant-Appellee.
from the Franklin County Court of Common Pleas, Division of
Domestic Relations, Juvenile Branch C.P.C. No. 17JU-3714
M. Harris, pro se.
1} Plaintiff-appellant, David M. Harris, appeals
from a judgment of the Franklin County Court of Common Pleas,
Division of Domestic Relations, Juvenile Branch, which
dismissed his complaint for an allocation of parental rights.
For the following reasons, we dismiss the appeal.
FACTS AND PROCEDURAL HISTORY
2} On March 20, 2017, appellant filed a complaint
against Ashley L. Delong seeking an allocation of parental
rights/custody of the parties' daughter, born on February
10, 2011. According to appellant's brief, the parties had
a tumultuous relationship, at one time they were engaged to
be married, and the relationship ended in a physical fight
and domestic violence charges. Appellant alleges that Delong
made false allegations against him involving violations of
3} On June 29, 2017, the trial court appointed a
guardian ad litem ("GAL") and ordered the parties
to each deposit $400 into the GAL's trust account by July
28, 2017. After a continuance, the matter was set for a
hearing on August 30, 2017. On September 6, 2017,
the magistrate filed a decision and entry indicating that
appellant appeared but had a warrant for his arrest and was
taken into custody by the sheriff. The GAL appeared and
indicated that appellant had not paid his fees as required by
July 28, 2017 and appellant had been unable to schedule a
home visit prior to the hearing. The magistrate dismissed the
matter without prejudice. The trial court adopted the
decision and judgment entry on the same day.
ASSIGNMENTS OF ERROR
4} Appellant filed a timely notice of appeal and
raised the following assignments of error for our review:
I.THE TRIAL COURT ERRED IN DISMISSAL OF CASE DUE TO MR. DAVID
M. HARRIS'S ABSENCE DUE TO MISS DELONG MAKING UNSUPPORTED
CLAIMS OF TELEPHONE HARASSMENT AGGIANST [sic] DAVID M. HARRIS
VIOLAITING [sic] HIS PROBATION AND HAVING HIM ARRESTED JUST
OUTSIDE THE COURT ROOM.
II. THE TRIAL COURT ERRED IN STATING THAT MR. DAVID M. HARRIS
WAS NOT PRESENT, MR. HARRIS HAD BEEN DETAINED DUE TO FALSE
ALLIGATIONS [sic] FROM MISS DELONG AND WAS BROUGHT TO THE
COURT ROOM BY ARRESTING DEPUTY.
5} We must first determine whether this court has
jurisdiction to review the order which appellant appealed.
Ohio appellate courts have jurisdiction to review only final,
appealable orders of lower courts within their districts.
Ohio Constitution, Article IV, Section 3(B)(2); R.C. 2501.01.
If an order is not a final, appealable order, the appellate
court lacks jurisdiction and the appeal must be dismissed.
Prod. Credit Assn. v. Hedges,87 Ohio App.3d 207
(4th Dist.1993), fn 2. Appellate courts are ...