Pantalone-Smith v. Smith, 08ca0008-M (9-22-2008)
Pantalone-Smith v. Smith, 08ca0008-M (9-22-2008)
Opinion of the Court
"THE COURT ERRED IN MODIFYING [FATHER'S] CHILD SUPPORT OBLIGATION UPWARD BY USING IN CORRECT (SIC) INCOME FIGURES."
"THE COURT ERRED IN NOT FINDING CLEAR AND CONVINCING EVIDENCE THAT [MOTHER] VIOLATED THE COURT'S ORDER TO PAY [FATHER] HIS SHARE OF THE EQUITY IN THE MARITAL RESIDENCE."
"THE COURT ERRED IN NOT FINDING CLEAR AND CONVINCING EVIDENCE THAT [MOTHER] VIOLATED THE COURT'S ORDER TO RETURN [FATHER'S] PERSONAL PROPERTY."
"THE COURT ERRED IN FINDING [FATHER] IN CONTEMPT FOR FAILING TO ABIDE BY THE TERMS OF THE SHARED PARENTING AGREEMENT."*Page 3
{¶ 3} In his assignments of error, Father contends that the trial court erred when it overruled his objections regarding the modification of child support and when it overruled his objections regarding several contempt motions, and adopted the magistrate's decision. We do not agree.
{¶ 4} At the outset, we recognize that the trial court held a hearing on Father's objections on November 9, 2007. Under Civ. R. 53(D)(4)(b), "[w]hether or not objections are timely filed, a court may adopt or reject a magistrate's decision in whole or in part, with or without modification. A court may hear a previously-referred matter, takeadditional evidence, or return a matter to a magistrate." (Emphasis added.) On appeal, Father contends that the trial court erred in adopting the magistrate's findings. In order to review Father's assigned errors, therefore, we would need to review the record of the proceedings held on November 9, 2007 to determine whether the trial court considered any additional evidence. Father has failed to present this court with a transcript from that hearing.
{¶ 5} It is Father's duty to provide a transcript for appellate review because he bears the burden of demonstrating error by reference to matters in the record. State v. Skaggs (1978),
{¶ 6} In its February 5, 2008 judgment entry, the trial court overruled Father's objections and affirmed the magistrate's determinations. Father has failed to show on appeal that *Page 4 the trial court abused its discretion when it adopted the magistrate's decision. Accordingly, Father's assignments of error are overruled.
Judgment affirmed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Medina, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App. R. 27.
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.
*Page 1Costs taxed to Appellant.
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