KEVIN J. BREEN Appellant
SUMMIT COUNTY CSEA Appellee
FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CV-2017-05-2068
J. BREEN, pro se, Appellant.
BEVAN WALSH, Prosecuting Attorney, and JOSEPH R. MCALEESE,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
J. CARR UNITED STATES DISTRICT JUDGE.
Appellant, Kevin Breen, appeals the judgment of the Summit
County Court of Common Pleas. For the reasons set forth
below, the appeal is dismissed.
This matter takes root in a 2004 case in the Summit County
Domestic Relations Court where Breen entered into a shared
parenting agreement that included a provision requiring him
to pay child support. In 2017, the Summit County Child
Support Enforcement Agency ("CSEA") found that
Breen failed to meet his child support obligation. On May 2,
2017, CSEA issued an order setting forth the child support
arrearage and placing an administrative lien on Breen's
On May 18, 2017, Breen filed a complaint in the General
Division of the Summit County Court of Common Pleas
challenging the May 2, 2017 CSEA order, along with a motion
for a stay. In his complaint, Breen disputed the
determination of default and argued that the lien should be
vacated. Breen further argued that "CSEA failed to
provide an administrative hearing and appeal despite [his]
requests." Thereafter, CSEA filed a motion to dismiss
the complaint pursuant to Civ.R. 12(B)(1), arguing that the
Summit County Domestic Relations Court had exclusive
jurisdiction over the case pursuant to R.C. 2301.03(I)
because the dispute involved child support. Breen filed a
brief in opposition to the motion to dismiss wherein he
argued that the sole purpose of the complaint filed in the
general division was to challenge the administrative lien.
On August 1, 2017, the trial court issued a decision granting
the motion to dismiss on the basis that it was without
jurisdiction to address the issues raised in Breen's
Breen filed a notice of appeal from the August 1, 2017
judgment entry. On appeal, Breen raises one assignment of
TRIAL COURT ERRED IN ITS AUGUST 1, 2017 ORDER GRANTING DEFEND
ANT-APPELLEE'S MOTION TO DISMISS AND DENYING
PLAINTIFF-APPELLANT'S MOTION FOR STAY OF EXECUTION OF MAY
2, 2017 CSEA ORDER.
In his sole assignment of error, Breen contends that the
trial court erred in concluding that it did not ...