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Breen v. Summit County Csea

Court of Appeals of Ohio, Ninth District, Summit

June 27, 2018

KEVIN J. BREEN Appellant
v.
SUMMIT COUNTY CSEA Appellee

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CV-2017-05-2068

          KEVIN J. BREEN, pro se, Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and JOSEPH R. MCALEESE, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          DONNA J. CARR UNITED STATES DISTRICT JUDGE.

         {¶1} Appellant, Kevin Breen, appeals the judgment of the Summit County Court of Common Pleas. For the reasons set forth below, the appeal is dismissed.

         I.

         {¶2} 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 real property.

         {¶3} 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.

         {¶4} 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 complaint.

         {¶5} Breen filed a notice of appeal from the August 1, 2017 judgment entry. On appeal, Breen raises one assignment of error.

         II.

         ASSIGNMENT OF ERROR

         THE 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.

         {¶6} In his sole assignment of error, Breen contends that the trial court erred in concluding that it did not ...


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