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Harris v. Delong

Court of Appeals of Ohio, Tenth District

June 26, 2018

David M. Harris, Plaintiff-Appellant,
v.
Ashley L. Delong, Defendant-Appellee.

          APPEAL from the Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch C.P.C. No. 17JU-3714

         On brief:

          David M. Harris, pro se.

          DECISION

          HORTON, JUDGE

         {¶ 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.

         I. 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 probation.

         {¶ 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.

         II. 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.

         III. DISCUSSION

         {¶ 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 ...


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