Lawson v. Lawson, Unpublished Decision (1-28-2002)
Lawson v. Lawson, Unpublished Decision (1-28-2002)
Opinion of the Court
"THE COURT BELOW ERRED IN ITS FINDING OF CONTEMPT."
This is the second appeal that involves the parties' daughter's enrollment at a particular high school. In Lawson v. Lawson (Dec. 21, 2001), Lawrence App. No. 01CA25, unreported, (Lawson I) we affirmed the trial court's August 21, 2001 judgment that required appellant, pursuant to the parties' agreement, to cause her daughter to attend St. Joseph's High School (St. Joe's). (See Lawson I for a detailed review of the underlying facts). On August 28, 2001, Ken A. Lawson, plaintiff below and appellee herein, requested the court to find appellant in contempt for her failure to comply with the trial court's August 21 order.
After the parties submitted to the trial court a "Stipulation of Facts," the court, on October 19, 2001, issued a judgment that: (1) found appellant in contempt; (2) ordered that appellant be incarcerated in the county jail; (3) gave appellant the opportunity to purge herself of contempt by enrolling her daughter at St. Joe's High School; and (4) ordered appellant to pay appellee's attorney fees. We note that the parties agree that subsequently appellant did enroll the parties' daughter at St. Joe's.
Initially, we must address a threshold jurisdictional issue. Ohio appellate courts have jurisdiction to review the final orders or judgments of inferior courts within their district. Section
Accordingly, based upon the foregoing reasons, we hereby dismiss the instant appeal.
It is ordered that a special mandate issue out of this Court directing the Lawrence County Common Pleas Court to carry this judgment into execution.
A certified copy of this entry shall constitute that mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions.
Harsha, J. Kline, J.: Concur in Judgment Opinion.
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