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Beem v. Zanghi

Court of Appeals of Ohio, Fifth District, Licking

June 3, 2019

KIMBERLY R. BEEM Plaintiff-Appellant
v.
MARK A. ZANGHI Defendant-Appellee

          Civil appeal from the Licking County Court of Common Pleas, Case No. 2016CV00990

          FOR PLAINTIFF-APPELLANT KIMBERLY BEEM PRO SE

          FOR DEFENDANT-APPELLEE MARK ZANGHI

          Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Patricia A. Delaney, J.

          OPINION

          Gwin, P.J.

         {¶1} Appellant appeals the judgment entry of the Licking County Court of Common Pleas.

         Facts & Procedural History

         {¶2} On October 18, 2016, appellant Kimberly Beem filed a petition for civil stalking protection order ("CPO") against appellee Mark Zanghi. The magistrate denied appellant's petition for an ex parte CPO and set the matter for a full hearing on the petition. After a full hearing, the magistrate granted appellee's motion to dismiss and dismissed appellant's petition. The trial court adopted the magistrate's dismissal.

         {¶3} On August 21, 2017, appellee filed an application to seal the record. The trial court granted appellee's motion to seal the record on August 30, 2017. Appellant filed an opposition to the application to seal on August 30, 2017.

         {¶4} Appellant filed a motion to unseal the record on August 17, 2018. Appellee filed a memorandum contra on August 20, 2018. On August 28, 2018, the trial court dismissed appellant's motion as moot. Appellant filed a motion for reconsideration on August 31, 2018. Appellee filed a memorandum contra on September 6, 2018. The trial court overruled and denied appellant's motion on September 13, 2018. On October 26, 2018, appellant filed a motion to release/unseal. Appellee filed a memorandum in response on October 30, 2018. The trial court denied the motion on November 2, 2018. On November 6, 2018, appellant filed a motion asking the trial court to issue a final appealable order. Appellee filed a memorandum in response on November 9, 2018. On November, 21, 2018, the trial court issued a nunc pro tunc judgment entry of the November 2, 2018 entry, adding language that the order is a final appealable order.

         {¶5} Appellant appeals the judgment entry of the Licking County Court of Common Pleas and assigns the following as error:

         {¶6} "I. THE TRIAL COURT ERRED WHEN IT DENIED APPELLANTS MOTION TO UNSEAL THE TRIAL COURT RECORD."

         Vexatious Litigator

         {¶7} As an initial matter, we must determine whether the above-captioned case should be ...


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