White v. White, Unpublished Decision (9-26-2001)
White v. White, Unpublished Decision (9-26-2001)
Opinion of the Court
Defendant-appellant, James Edward White, appeals a divorce decree entered in the Hamilton County Court of Common Pleas, Domestic Relations Division. In the decree, the court granted plaintiff-appellee, Deborah Frazier White, a divorce from appellant, divided the parties' property and granted appellee custody of the parties' minor child. Although appellant's brief is somewhat confusing, we conclude that some of the arguments presented in his five assignments of error have merit. We, therefore, reverse the trial court's judgment in part.
In his first, second and third assignments of error, appellant takes issue with various aspects of the property division. The record fails to support most of his contentions. It shows that the court's determination as to what property was marital and what was separate was supported by competent, credible evidence. See Kelly v. Kelly (1996),
But appellee testified that she was self-employed and ran her own business. Although the court considered the income from that business in determining issues relating to child support and spousal support, it never determined the value of that business and its associated debts and assets. While the trial court has broad discretion to develop some measure of value, it may not omit valuation altogether. If the parties fail to present evidence of an asset's value, the court should instruct the parties to submit evidence on that issue. When a trial court fails to classify all of the parties' assets as marital or separate and then fails to value certain property, an appellate court cannot effectively review the property division. Willis v. Willis (1984),
In his fourth assignment of error, appellant contends that the trial court erred in failing to fully hear and consider his motion for shared parenting. While the court could have overruled the motion as untimely, see Harris v. Harris (1995),
R.C.
Under the circumstances, we hold that the trial court erred in failing to rule on and make findings of fact and conclusions of law on appellant's plan for shared parenting. Consequently, we reverse the trial court's judgment in part and remand the case for that purpose.
In his fifth assignment of error, appellant contends that the trial court erred in entering an ex parte divorce decree. The record does not support appellant's contention. It demonstrates that appellant was given adequate notice of the proceedings and an opportunity to be heard. Thus, he was not denied due process. See Cleveland Bd. of Edn. v. Loudermill
(1985),
Appellant's primary argument under this assignment of error seems to be that some issues were not fully heard, particularly his motion for shared parenting. But since we have already reversed the trial court's judgment and remanded the case for the trial court to rule on the motion for shared parenting and to reconsider the property division, those issues are moot.
Appellant also takes issue with the trial court's decision to overrule his motion for a guardian ad litem to represent him, when it had previously granted the motion. Civ.R. 17(B) provides for the appointment of a guardian ad litem for an incompetent person when that person is not otherwise represented. See Dailey v. Dailey (1983),
We are aware that, due to his financial situation, appellant was unrepresented by counsel below. Further, this court has held that pro se
litigants are bound by the same rules and procedures as those litigants who retain counsel. Courts will not accord them special rights, and they must accept the results of their own mistakes. Meyers v. First Natl. Bankof Cincinnati (1981),
Accordingly, we affirm the trial court's judgment in part, reverse it in part, and we remand the case for further proceedings consistent with this judgment entry.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Gorman, P.J., Winkler and Shannon, JJ.
Raymond E. Shannon, retired, from the First Appellate District, sitting by assignment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.