Hodson v. Hodson, Unpublished Decision (2-15-2006)
Hodson v. Hodson, Unpublished Decision (2-15-2006)
Opinion of the Court
{¶ 3} Upon review of the record, this Court determines that it lacks jurisdiction to entertain Appellant's appeal. Accordingly, we decline to address the merits of Appellant's assignments of error.
{¶ 4} This Court only has jurisdiction to hear appeals from final appealable orders. See R.C.
{¶ 5} R.C.
"If each parent * * * files a motion and each also files a separate plan, the court shall review each plan filed to determine if either is in the best interest of the children. * * * If the court approves a plan under this division, either as originally filed or with submitted changes, or if the court rejects the portion of the parents' pleadings or denies their motions requesting shared parenting under this division and proceeds as if the requests in the pleadings or the motions had not been made, the court shall enter in the record of the case findings of fact and conclusions of law as to the reasons for the approval or the rejection or denial." (Emphasis added.)
This Court has held that when a trial court is required by statute to issue findings of fact and conclusions of law, the trial court's judgment does not become a final appealable order until the statutory requirements have been satisfied. See Statev. Hickman, 9th Dist. No. 22279,
{¶ 6} In Hickman, this Court adopted the rationale utilized by the Ohio Supreme Court in State v. Mapson (1982),
"The existence of findings and conclusions are essential in order to prosecute an appeal. Without them, a [party] knows no more than he lost and hence is effectively precluded from making a reasoned appeal. In addition, the failure of a trial judge to make the requisite findings prevents any meaningful judicial review, for it is the findings and the conclusions which an appellate court reviews for error." Mapson,
{¶ 7} We find such rationale to be equally persuasive in the context of motions to modify shared parenting plans.
"Requiring a [party] to perfect an appeal without having findings before him would deter judicial economy, for it would guarantee two trips to the appellate court — one to force the findings and another to review the decision on the merits." Id.
Such a waste of judicial resources would be the result in the instant matter. The trial court's judgment makes no reference to the required findings of fact or conclusions of law. While Appellee asserts that the magistrate's decision satisfied R.C.
{¶ 8} This Court has consistently held that the trial court must independently enter judgment on a magistrate's decision. SeeHarkai v. Scherba Industries, Inc. (2000),
{¶ 9} As the trial court failed to issue findings of fact and conclusions of law, no final appealable order exists. Accordingly, the appeal is dismissed.
Appeal dismissed.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellant.
Exceptions.
Slaby, P.J., Whitmore, J. concur
Reference
- Full Case Name
- Pamela Hodson v. Mark Hodson
- Cited By
- 2 cases
- Status
- Unpublished