Court of Appeals of Ohio, Eleventh District, Ashtabula
APRIL T. MARIOTTI, Plaintiff-Appellee,
PAUL D. MARIOTTI, SR., Defendant-Appellant.
from the Ashtabula County Court of Common Pleas, Case No.
2017 DR 0011. Judgment: Affirmed.
Virginia K. Miller, Smith & Miller, (For
Pasqualone, (For Defendant-Appellant).
CYNTHIA WESTCOTT RICE, J.
Appellant, Paul D. Mariotti, Sr., appeals from the final
judgment of divorce entered by the Ashtabula County Court of
Common Pleas. We affirm.
On January 9, 2017, appellee, April T. Mariotti, filed a
complaint for divorce and appellant subsequently answered and
filed a counterclaim. Ultimately, the parties entered into
settlement negotiations. At a final hearing before the
magistrate, the parties testified to the terms of the
settlement into which they entered. The magistrate filed her
decision on April 23, 2018, which indicated the grounds for
the divorce and attached two joint exhibits to the decision,
which included various details of the settlement. The
magistrate additionally ordered appellee's attorney to
prepare a proposed final agreed judgment entry. On June 5,
2018, the trial court entered judgment which ordered both
parties to submit respective proposed agreed judgments.
Appellee submitted a judgment entry; on June 28, 2018,
however, in lieu of drafting a proposed entry, appellant
filed an "objection" to appellee's proposed
In his "objection," appellant generally asserted
the joint exhibits were merely
"illustrative/representative and not definitive
lists" of items subject to the settlement agreement.
Specifically, appellant complained appellee's proposed
judgment referred to a "chainsaw" and a
"generator to which appellee was entitled. Appellant
argued there was no reference to these items in the joint
exhibits or at the hearing. He further asserted
appellee's claimed entitlement to "unredeemed gift
certificates, encumbrances, discounts or gifts," was not
an aspect of their agreement.
On August 17, 2018, the trial court entered judgment on
appellant's objection. The court initially noted that
appellant failed to file objections directly to the
magistrate's decision; the court appeared, however, to
treat the objection as an abbreviated proposed judgment
entry, i.e., appellant accepted appellee's judgment with
the exception of the challenges outlined in the pleading. The
court agreed with appellant that there was no reference to a
chainsaw or a generator at the hearing. As such, the trial
court struck the sentence in the proposed entry relating to
these objects. Notwithstanding this removal, the court
determined that the reference to the generator and chainsaw
was redundant because the proposed entry provided "that
each party shall retain the personal property and household
goods in their possession at their own place of residence
except for the items listed in Exhibits 1 and 2." And
the reference to each parties' retention of such property
was discussed before the magistrate at the final hearing. The
court subsequently adopted appellee's proposed entry
which was filed and signed as the final decree of divorce.
Appellant appeals the judgment assigning two errors. His
first assignment of error provides:
"The trial court erred in adopting the proposed judgment
entry final decree of divorce submitted by appellee as it
does not accurately reflect the terms of the settlement
Appellant argues the proposed final judgment filed by
appellee includes the following six provisions that were not
submitted to the court at the hearing nor agreed upon by the
"1. Defendant shall pay Plaintiff the final two (2)
months rent of $1, 200 immediately, without deductions.
"2. Defendant shall leave the total amounts of any
unredeemed gift certificates, encumbrances, promotion
discounts or gifts in the metal Massage Andover Bank account
and documentation of the unredeemed certificated [sic]
provided to Plaintiff.
"3. Defendant shall timely and by May 30, 2018 sign any
and all forms, approvals or otherwise arrange for all service
contracts to be in Plaintiff's control commencing June
"4. Defendant shall provide Plaintiff with all
information including passwords to all services and accounts,
including naming Plaintiff as the ...