Kennedy v. Kennedy, Unpublished Decision (3-7-2003)
Kennedy v. Kennedy, Unpublished Decision (3-7-2003)
Opinion of the Court
{¶ 2} Appellee filed his application on February 3, 2003, based upon our statement in that opinion that Appellee had not filed a responsive brief. See Kennedy at ¶ 12. As Appellee correctly points out, a responsive brief was filed on January 6, 2003, within the time we granted for Appellee to file that brief. Thus, our statement to the contrary was clearly erroneous. However, this does not mean we will grant Appellee's motion.
{¶ 3} In his merit brief, Appellee argues the trial court's award of spousal support was correct because the trial court adequately addressed all the relevant factors found in R.C.
{¶ 4} Our conclusion agreed with Appellee that the trial court's decision indicated the basis for its decision in sufficient detail for appellate review. As we stated, the trial court denied spousal support due to Appellant's:
{¶ 5} "willful conduct of hiding marital assets by liquidating and refusing to report her retirement annuity either in her financial affidavit or on her sworn interrogatories, for the under reporting of her income history in her sworn interrogatories, for her reckless spending which led to the parties' bankruptcy and further, so as to minimize any financial contribution on Defendant's part to Plaintiff's drug habit."Kennedy at ¶ 6.
{¶ 6} It was because the trial court clearly indicated that this was the sole basis for its decision that we found that decision to be in error. Appellee's argument demonstrates that he merely disagrees with our conclusion. As this type of disagreement cannot form the basis for a motion for reconsideration, Appellee's motion is denied.
Waite, P.J., Donofrio and DeGenaro, JJ., concur.
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