In the Matter of Dickerson, Unpublished Decision (5-25-2004)
In the Matter of Dickerson, Unpublished Decision (5-25-2004)
Opinion of the Court
{¶ 1} Appellant David A. Warner ("father") appeals the August 13, 2003 Journal Entry and November 7, 2003 Findings of Fact and Conclusions of Law entered by the Guernsey County Court of Common Pleas, Juvenile Division, which overruled father's Motion to Modify the Allocation of Parental Rights and Responsibilities, and ordered appellee Autumn Dickerson ("mother") to remain the residential parent and legal custodian of the parties' minor child.
{¶ 3} The matter came on for final trial on June 24, and August 7, 2003. Via Journal Entry filed August 13, 2003, the trial court ordered mother remain the residential parent and legal custodian of Mykal. Father filed a Request for Findings of Fact and Conclusions of Law on August 18, 2003. The trial court ordered the parties to submit their respective proposed findings and conclusions. Father filed a Notice of Appeal on October 10, 2003. This Court sua sponte dismissed the appeal for want of jurisdiction via Judgment Entry filed October 27, 2003. Father filed a motion for reconsideration with this Court, explaining he was still waiting for the trial court to issue findings of fact and conclusions of law. The trial court issued its Findings of Fact and Conclusions of Law on November 7, 2003. Via Judgment Entry filed December 12, 2003, this Court reinstated the instant action.
{¶ 4} It is from the August 13, 2003 Journal Entry and November 7, 2003 Findings of Fact and Conclusions of Law father appeals, raising the following assignments of error:
{¶ 5} "I. The juvenile court appointed attorney Jeremy Brockwell, guardian ad litem, of my son.
{¶ 6} "II. Giving custody of my son to his mother, a convicted felon.
{¶ 7} "III. Male Discrimination."
{¶ 8} This case comes to us on the accelerated calendar. App. R. 11.1, which governs accelerated calendar cases, provides, in pertinent part:
{¶ 9} "(E) Determination and judgment on appeal.
{¶ 10} "The appeal will be determined as provided by App. R. 11.1. It shall be sufficient compliance with App. R. 12(A) for the statement of the reason for the court's decision as to each error to be in brief and conclusionary form.
{¶ 11} "The decision may be by judgment entry in which case it will not be published in any form."
{¶ 12} This appeal shall be considered in accordance with the aforementioned rule.
{¶ 14} In Knapp v. Edwards Lab. (1980),
{¶ 15} Based upon the authority of the Knapp, we presume the regularity of the trial court's decision.
{¶ 16} The judgment of the Guernsey County Court of Common Pleas, Juvenile Division, is affirmed.
Hoffman, P.J., Wise, J. and Edwards, J., concur.
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