Kendall v. Kendall

Court of Appeals of Ohio, Sixth Appellate District, Ottawa County · 2014 · Family Law

Family LawChild SupportFinal Appealable OrdersMagistrate ProcedureCiv.R. 53(D)(4)final appealable ordermagistrate's decisionchild support

Facts

After the parties' divorce, they repeatedly litigated appellee's income for child support purposes. A magistrate issued a decision in September 2011 recommending that appellee's monthly child support obligation for three children increase to $3,397.82. Appellee filed objections, and on July 31, 2012, the trial court ruled on those objections and attached a child support worksheet showing a lower amount of $2,067.89 per month, while also directing that plaintiff's attorney prepare a judgment entry in accordance with the decision. No subsequent judgment entry was filed, and appellant later moved for correction of errors and for an order directing the child support agency to collect the correct amount.

Issue

Was the trial court's July 31, 2012 decision on objections to the magistrate's child support decision a final appealable order under Civ.R. 53(D)(4)? If not, did the trial court err in denying appellant's later motion regarding collection of child support as moot?

Rule

To be a final order under Civ.R. 53(D)(4), a trial court's judgment entry must: (1) adopt, reject, or modify the magistrate's decision and identify the magistrate's decision by date; (2) state the outcome and contain an order stating the relief granted so that the parties can determine their rights and obligations by referring solely to the judgment entry; and (3) be a document separate from the magistrate's decision. A decision that merely rules on objections or refers the parties to another document for the operative relief is not a final order.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Toledo, a domestic relations court issued a separate entry after objections to a magistrate’s parenting-time decision. The entry identified the magistrate’s decision by date, overruled some objections and sustained others, then stated, “Parenting time shall be as reflected in the revised schedule attached hereto. Counsel for Nora Ellis shall submit a final judgment entry.”

Is the court’s entry most likely a final appealable order?

Explanation. Under the majority rule, a final order on objections to a magistrate’s decision must adopt, reject, or modify the magistrate’s decision, state the outcome and relief so the parties can determine their rights and obligations from the judgment entry alone, and be separate from the magistrate’s decision. An entry that merely rules on objections, refers parties to an attachment for the operative terms, and calls for a later judgment entry is not final.