Rosenfeld v. Rosenfeld

Ohio Supreme Court
Rosenfeld v. Rosenfeld, 47 Ohio St. 2d 12 (Ohio 1976)
351 N.E.2d 181; 1 Ohio Op. 3d 8; 1976 Ohio LEXIS 665
Brown, Celebrezze, Corrigan, Herbert, Neill, Potter, Sixth, Stern

Rosenfeld v. Rosenfeld

Dissenting Opinion

Celebrezze, J.,

dissenting. I dissent from the judgments herein for the reasons expressed in my dissenting opinion in Nokes v. Nokes (1976), 47 Ohio. St. 2d 1, 9, decided this day.

Opinion of the Court

Per Curiam.

The sole factor and consideration which distinguishes these cases from the analysis in Nokes v. Nokes (1976), 47 Ohio St. 2d 1, .decided this day, -is that such support order was formulated by incorporating parental separation agreements -into .the divorce decree. :■

Inasmuch as under Ohio law, a separation agreement of the parties-loses its nature, as a .contract the'moment it is adopted by the court and incorporated into a decree of divorce, we find that such distinguishing factor is of insufficient force to prevent the application hereto of the principles enunciated in N olees.

Therefore,-in light-of Nglees, the judgment in case No. 75-197 is affirmed and'the judgments in cases Nos. 75-144 and 75-482 are reversed.

Judgment affirmed in case No. 75-197-.

Judgments reversed in cases Nos. 75-144 and 75-482.

0 ’Neill,, C. J.," Potter, Stern, W.' Brown and P. Brown, JJ., concur.. . Corrigan and Celebrezze,-JJ., dissent. ■ Potter, J., of the Sixth Appellate District- .sitting fob Herbert, J. ,

Reference

Full Case Name
Rosenfeld v. Rosenfeld, Appellant Pappas v. Pappas, Appellant Kacik v. Kacik
Cited By
9 cases
Status
Published