Saffold v. Saffold, Unpublished Decision (5-13-1999)
Saffold v. Saffold, Unpublished Decision (5-13-1999)
Opinion of the Court
Defendant-appellant Angela Saffold ("appellant") appeals from the denial of her Civ.R. 60(2) motion for relief from judgment. Appellant assigns the following error for review:
THE TRIAL COURT ERRED IN OVERRULING APPELLANT'S MOTION FOR RELIEF FROM JUDGMENT AND IN FAILING TO CONDUCT A HEARING SINCE THE COURT'S DOCKET CLEARLY DEMONSTRATED A FAILURE OF SERVICE AND THE OVERALL CIRCUMSTANCES INDICATE DELIBERATE MISREPRESENTATION BY COUNSEL FOR APPELLEE.
Finding the appeal to be moot, the case is dismissed.
On September 25, 1996, the matter came before the trial court for hearing. Appellant did not appear. After determining that appellant had been properly served, the trial court proceeded with an ex parte hearing. The trial court granted Saffold's petition for domestic violence. The trial court's judgment entry stated that the protection order issued on September 3, 1996, would remain in full force and effect until further order of the trial court or for a period of one year from the date of hearing.
On October 2, 1996, appellant filed a motion to dismiss the petition for domestic violence in which she argued that she was never served with the petition. The trial court overruled the motion on April 15, 1997.
On June 24, 1997, appellant filed a Civ.R. 60(B) motion for relief from judgment in which she again raised the issue of service. The trial court denied the motion and appellant has appealed from this order.
Generally, courts exercise jurisdictional restraint in cases that are not actual controversies. Fortner v. Thomas(1970),
Appeal dismissed.
It is ordered that appellee recover of appellant his costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
JAMES M. PORTER, ADM. J. and MICHAEL J. CORRIGAN, J. CONCUR.
___________________________________ LEO M. SPELLACY JUDGE
N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26 (A); Loc.App.R. 22. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E)unless a motion for reconsideration with supporting brief, per App.R. 26 (A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the clerk per App.R. 22(E). See, also S.Ct.Prac.R. II, Section 2(A)(1)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.