In Re Congos, Unpublished Decision (11-9-2000)
In Re Congos, Unpublished Decision (11-9-2000)
Opinion of the Court
Appellant contends that the trial court erred by not making specific findings in its judgment entry, and by applying outdated law. Appellant also asserts that the trial court abused its discretion by granting the motion for permanent custody since LCDHS failed to prove by clear and convincing evidence the statutory requirements set forth in R.C.
In determining a motion for permanent custody, the trial court must adhere to the guidelines set forth in R.C.
In In re Alexander (Dec. 19, 1997), Trumbull App. No. 96-T-5510, unreported, and In re Ethington (July 23, 1999), Trumbull App. No. 98-T-0084, unreported, this court addressed the identical issue raised herein and concluded that a juvenile court's judgment entry must discuss all of the factors listed in R.C.
Based upon the foregoing authority, the trial court's judgment entry is insufficient on its face. Hence, appellant's first assignment of error is sustained. Accordingly, it would be premature to address appellant's second assignment of error which is a challenge to the trial court's decision on a substantive basis. Until a proper judgment entry is filed, there is nothing for this court to review. Thus, appellant's second assignment of error is moot and need not be addressed pursuant to App.R. 12(A)(1)(c).
The judgment of the trial court is reversed and the matter remanded for further proceedings consistent with this opinion.
___________________ O'NEILL, J.
CHRISTLEY, P.J., NADER, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.