Blackstone v. Blackstone, 07 Ca 14 (9-27-2007)
Blackstone v. Blackstone, 07 Ca 14 (9-27-2007)
Opinion of the Court
{¶ 2} Appellant and appellee were married on January 14, 1998, in Licking County, Ohio. No children were born of the marriage. On January 25, 2006, appellant filed a complaint for divorce. Appellee filed an answer and counterclaim on February 1, 2006. The case was ultimately set for a final divorce hearing on November 1, 2006. On that date, appellee and her counsel appeared; appellant did not appear due to incarceration, although his attorney was present.
{¶ 3} On January 3, 2007, the trial court issued a decree of divorce. On January 5, 2007, a nunc pro tunc decree of divorce was issued to correct a scrivener's error as to the identities of the parties. A second nunc pro tunc entry was issued on January 31, 2007 to clarify the issue of pension distribution.
{¶ 4} On February 2, 2007, appellant filed a pro se notice of appeal. He herein raises the following three claims, which we interpret as his Assignments of Error:
{¶ 5} I. MATTER #1 "SUBPOENA TO COURT"
{¶ 6} II. MATTER #2 "DIVISION OF PROPERTY"
{¶ 7} III. MATTER #3 "DEBT CLAIMS"
{¶ 9} Appellant has not obtained a transcript of the proceedings below as per App.R. 9. However, we note that a trial court has the inherent authority to manage its own proceedings and control its own docket.Love Properties, Inc. v. Kyles, Stark App. No. 2006CA00101,
{¶ 10} Based on the limited record before us, we are unable to conclude the trial court abused its discretion in proceeding with the final divorce hearing as scheduled. Appellant's First Assignment of Error is overruled.
{¶ 12} As noted previously, appellant has not provided this Court with a transcript of the divorce trial. It is well settled that when portions of the transcript necessary to resolve issues are not part of the record on appeal, we must presume regularity in the *Page 4
trial court proceedings and affirm. Knapp v. Edwards Laboratories
(1980),
{¶ 13} Appellant's Second and Third Assignments of Error are therefore overruled.
{¶ 14} For the foregoing reasons, the judgment of the Court of Common Pleas, Domestic Relations Division, Licking County, Ohio, is hereby affirmed.
*Page 5Gwin, P. J., and Delaney, J., concur.
*Page 1Costs to appellant.
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