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Erdman v. Williams

Court of Appeals of Ohio, Fifth Appellate District, Tuscarawas County

March 13, 2013, Date of Judgment Entry

Case No. 2012 AP 07 0042


Hoffman, J.

 [*P1]  Defendant-appellant Mark Williams appeals the June 29, 2012 Judgment Entry entered by the Tuscarawas County Court of Common Pleas, Juvenile Division, which overruled his objections to the magistrate's May 31, 2012 decision, and approved and adopted said decision as order of the court. Plaintiffs-appellees are Diana Erdman and the Tuscarawas County Child Support Enforcement Agency.1


 [*P2]  Appellant is the biological father of three of Erdman's children. On April 9, 2010, Appellees filed a complaint to establish child support. Attached to the complaint was an Administrative Order Establishing Child Support issued by CSEA. The trial court  [**2] adopted the administrative child support and related orders via Judgment Entry filed May 21, 2010.

 [*P3]  On March 11, 2011, Erdman filed a complaint for custody. Appellant filed a reply on March 16, 2011. The matter came on for hearing before the magistrate on August 19, 2011. The magistrate issued her decision on September 26, 2011, finding it was in the best interest of the minor children to grant legal custody to Erdman. Appellant filed objections to the magistrate's decision. The trial court conducted a hearing on Appellant's objections on October 21, 2011. Via Judgment Entry filed November 1, 2011, the trial court overruled the objections, and approved and adopted the magistrate's decision as order of the court. The trial court indicated Appellant had not provided the trial court with a transcript of the hearing before the magistrate. Appellant did not file an appeal from this judgment entry.

 [*P4]  On January 4, 2012, Appellant filed a motion for contempt, asserting Erdman had failed to follow the court's visitation order. The magistrate conducted a hearing on the motion on January 17, 2012. Appellant did not appear at the hearing. Via Decision filed January 23, 2012, the magistrate found  [**3] Erdman had not violated the court order as the trial court's November 1, 2011 judgment entry did not set forth a specific order of visitation. The magistrate recommended Appellant's motion for contempt be dismissed.

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2013-Ohio-979 *; 2013 Ohio App. LEXIS 867 **; 2013 WL 1092800


Subsequent History: Related proceeding at Erdman v. Williams, 2013 Ohio 980, 2013 Ohio App. LEXIS 865 (Ohio Ct. App., Tuscarawas County, Mar. 13, 2013)

Prior History:  [**1] CHARACTER OF PROCEEDING: Appeal from the Tuscarawas County Court of Common Pleas, Juvenile Division, Case No. 2010 PA 00127.

Disposition: Affirmed.


trial court, entry of judgment, assigned error, visitation, contempt

Civil Procedure, Appeals, Appellate Briefs, Dismissal of Appeals, Involuntary Dismissals, Record on Appeal, Evidence, Presumptions, Particular Presumptions, Regularity