P.M. v. J.S.P., Unpublished Decision (9-4-2003)
P.M. v. J.S.P., Unpublished Decision (9-4-2003)
Opinion of the Court
{¶ 2} On February 5, 2001, plaintiff filed a motion to modify child support and motion for attorney fees. The record reflects failed service on various occasions. (R. 73b c, 75). Plaintiff contends that the court docket reflects that she perfected service upon defendant on September 4, 2001. The record, as transcribed for this appeal, however, does not contain a return receipt for that date.
{¶ 3} Subsequent to a December 13, 2001 hearing held in this matter, the Magistrate issued an order indicating, inter alia, the "Defendant not served" and ordering the "cause continued to 2/14/02 at 9:00 A.M. for service on defendant at new address." (R. 77).
{¶ 4} On June 7, 2002, the Magistrate dismissed plaintiff's motion to modify child support without prejudice for failure to complete service of same within one year. The Magistrate based its decision on "defendant's oral Motion to Dismiss *** and the evidence." (R. 87). The Magistrate also referenced "detailed arguments of counsel." Id.
{¶ 5} Plaintiff filed objections to the Magistrate's decision. Therein, plaintiff stated that the "docket in this case was not presented to the Court" at the June 7, 2002 hearing. Plaintiff filed a motion to transcribe record, but apparently was informed that no transcript was available. On September 17, 2002, the trial court adopted the Magistrate's decision and overruled plaintiff's objections to same. Plaintiff appeals that ruling and raises one assignment of error, which states:
{¶ 6} "I. The trial court erred in dismissing the motion to modify child support filed by [P.M.] on February 5, 2001."
{¶ 7} It is well settled that the duty to provide a transcript for appellate review falls upon the appellant. Knapp v. Edwards Laboratories
(1980),
Judgment affirmed.
MICHAEL J. CORRIGAN, P.J., and PATRICIA A. BLACKMON, J., CONCUR.
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