Jenkins v. Jenkins, 2008-Ca-0117 (2-27-2009)
Jenkins v. Jenkins, 2008-Ca-0117 (2-27-2009)
Opinion of the Court
{¶ 2} "I. THE COURT COMMITTED ERROR IN GRANTING ONE HALF OF THE VALUE BETWEEN THE PAYOFF OF THE MORTGAGE AND THE SO-CALLED MARKET VALUE OF THE REAL ESTATE AT 847 WEST BROADWAY AND ORDERING THE APPELLANT TO PAY THE BALANCE OF THE MORTGAGE PLUS TAXES ANAD INSURANCE.
{¶ 3} "II. THE COURT COMMITTED ERROR IN ENDING COBRA INSURANCE AFTER THE DIVORCE.
{¶ 4} "III. THE COURT COMMITTED ERROR IN FINDING THAT THE MARKLIN ROAD PROPERTY WAS NOT ONE HALF OWNED BY THE APPELLANT.
{¶ 5} "IV. THE COURT COMMITTED ERROR IN FINDING APPELLANT GUILTY OF CONTEMPT.
{¶ 6} "V. THE COURT'S ORDER FOR SPOUSAL SUPPORT WAS A COMPLETE ABUSE OF DISCRETION."
{¶ 7} Our standard of reviewing a court's determination in a domestic relations case is generally the abuse of discretion standard, seeBooth v. Booth (1989),
{¶ 9} The Supreme Court has directed us to limit our review to whether, considering the totality of the circumstances, the trial court abused its discretion in making the property division. Briganti v.Briganti (1984),
{¶ 10} We find the court did not abuse its discretion in its treatment of the marital home. The first assignment of error is overruled. *Page 4
{¶ 12} The trial court did not terminate the Cobra insurance after the divorce, and it appears appellant's real objection is to the court's order she should pay the premiums. Again, this court may not indulge in piecemeal appeals. Our review of the entire judgment leads us to conclude the trial court did not abuse its discretion.
{¶ 13} The second assignment of error is overruled.
{¶ 15} Appellee conveyed the property by means of a joint and survivorship deed prior to the parties' marriage. However, the court found the deed in and of itself was not persuasive as to the intent of the parties. Appellee testified at the time of the marriage, the mortgage on the home was essentially paid. Appellee was also able to trace the proceeds from the sale of the residence.
{¶ 16} Appellant's argument is essentially that the trial court's determination is against the manifest weight of the evidence. A reviewing court will not disturb the trial *Page 5
court's decision as against the manifest weight of the evidence if the decision is supported by some competent, credible evidence. C.E. MorrisCo. v. Foley Construction Co. (1978),
{¶ 17} We find the trial court's judgment is not against the manifest weight of the evidence or an abuse of discretion. The third assignment of error is overruled.
{¶ 19} The record contains a transcript of proceedings of the final hearing held on April 24, 2008. During the trial on the matter, appellee presented evidence appellant had not complied with the court's order to compel discovery, and appellant testified in her defense. She did not object or request a continuance.
{¶ 20} The court found appellant guilty of contempt, and sentenced her to 30 days incarceration. The court suspended the sentence and permitted the appellant to purge by complying with future court orders and reimbursing appellee for attorney fees accumulated to bring the contempt action, in the amount of $500.00.
{¶ 21} The fourth assignment of error is overruled. *Page 6
{¶ 23} The trial court cited R.C.
{¶ 24} The fifth assignment of error is overruled.
{¶ 25} For the foregoing reasons, the judgment of the Court of Common Pleas, Domestic Relations Division, of Licking County, Ohio, is affirmed.
*Page 7Gwin, J., Farmer, P.J., and Wise J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.