Workman v. Workman, Unpublished Decision (3-15-2005)
Workman v. Workman, Unpublished Decision (3-15-2005)
Opinion of the Court
{¶ 2} No Appellee's brief has been filed.
{¶ 4} Shortly prior to such date, Appellee filed a motion to extend the CPO. Such motion was also granted without an evidentiary hearing over Appellant's objection.
{¶ 5} The sole Assignment of Error is:
{¶ 7} "This error is reflected in the judgment entry dated July 27, 2004."
{¶ 9} "Any protection order issued or consent agreement approved under this section shall be valid until a date certain, but not later than five years from the date of its issuance or approval.
{¶ 10} "(c) Any protection order issued or consent agreement approved pursuant to this section may be renewed in the same manner as the original order or agreement was issued or approved."
{¶ 11} Since subsection (c) provides for renewal in the same manner as originally approved, which in this case was by consent, now absent, the court could not automatically extend the expiration date.
{¶ 12} Therefore, the Assignment of Error is sustained and the judgment entry of time extension vacated.
{¶ 13} This case is reversed at Appellee's costs.
Boggins, P.J. Farmer, P.J. and Edwards, J. concur.
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