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Stratton v. Stratton

Court of Appeals of Ohio, Eighth District, Cuyahoga

August 15, 2019

NANCY L. STRATTON, Plaintiff-Appellee,
v.
ROBERT B. STRATTON, Defendant-Appellant.

          Civil Appeal from the Cuyahoga County Court of Common Pleas Domestic Relations Division Case No. DR-17-368178

          Joyce E. Barrett, and James P. Reddy, for appellee.

          Robert B. Stratton, pro se.

          JOURNAL ENTRY AND OPINION

          MARY EILEEN KILBANE, ADMINISTRATIVE JUDGE

         {¶ 1} Robert and Nancy were married in September 1981. Two sons were born as issue of their marriage, both of whom were emancipated at the time of the divorce proceedings. In August 2017, Nancy filed a complaint for divorce. Robert filed his answer, and the trial court scheduled the matter for trial in July 2018.

         {¶ 2} Robert and Nancy agreed to submit the case to the trial court to render its decision based on joint stipulations and joint exhibits, proposed findings of fact and conclusions of law, and a proposed judgment entry from each party. The joint stipulations included retirement assets, checking and savings account statements, joint credit card statements, a medical reimbursement statement, information on COBRA health insurance rates available to Nancy, and a Civil Protection Order in effect until August 2019.

         {¶ 3} In September 2018, based on the joint stipulations and joint exhibits, the trial court divided the marital property and granted the divorce.

         {¶ 4} Robert now appeals, assigning the following 11 errors for review.

         Assignment of Error One

         The judge failed to grant continuance so it could be determined if [Nancy] needed a guardian appointed.

         Assignment of Error Two

         The judge failed to delay trial so [Robert] could retain new counsel when his counsel abruptly withdrew on July 25.

         Assignment of Error Three

         The judge refused to require [Nancy] to provide [Robert] his personal records so he could submit evidence and prepare his case.

         Assignment of Error Four

         The judge refused to clarify whether the restraining order required [Robert] to continue buying Marsh stock.

         Assignment of Error Five

         The decision regarding the marital residence was not equitable and totally ignored the housing situation of [Robert].

         Assignment of Error Six

         The division of the retirement assets was not equitable considering the health of [Nancy] and [Robert].

         Assignment of Error Seven

         [It was] plain error and an abuse of discretion in deciding the marital credit card debt.

         Assignment of Error Eight

         [It was] plain error and an abuse of discretion in assigning the entire student loan debt to [Robert].

         Assignment of Error Nine

         [It was] plain error and an abuse of discretion in dividing the marital assets and the marital debt when looked at in the totality.

         Assignment of Error Ten

         [It was] plain error and an abuse of discretion in considering that [Robert] earned a professional degree during the marriage.

         Assignment of Error Eleven

         [There were] many plain errors in the budget report for 2018 and special spousal support is arbitrary, unreasonable and an abuse of discretion.

         C ...


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