E.S. v. L.J.

Summary

The Ohio Ninth District Court of Appeals dismissed E.S.’s appeal from the denial of a domestic violence civil protection order sought on behalf of a minor child. The court held that under Civ.R. 65.1(G), objections to the trial court’s adoption of a magistrate’s decision must be ruled upon or otherwise resolved before an appeal is filed.

Holdings

1. Under Civ.R. 65.1(G), timely objections to a trial court's adoption, modification, or rejection of a magistrate's decision concerning a domestic violence civil protection order must be filed and ruled upon or otherwise resolved before an appeal is filed. An appeal filed after objections but before the trial court rules on them is procedurally premature and must be dismissed.

Questions Presented

1. Whether an appeal from a domestic violence civil protection order decision is procedurally ripe when the appellant has timely filed objections under Civ.R. 65.1(F)(3)(d) but the trial court has not yet ruled on them.
2. Whether the appellate court could review the appellant's evidentiary and abuse-of-discretion challenges to the denial of the domestic violence civil protection order before the trial court resolved the objections.

Disposition

dismissed