Summary
This Ohio Court of Appeals opinion reviews a domestic relations court's division of marital property in a divorce case, specifically the award of a pet dog to one spouse. The appellant argued that the trial court failed to consider required statutory factors and that he should have received half the dog's value. The appellate court affirmed the trial court's judgment, holding that the court did not abuse its discretion in awarding the dog based on daily care involvement, and found the appellant waived any claim regarding the dog's monetary value by failing to present evidence at trial.
Topics
Practice areas
Questions Presented
- Whether the trial court abused its discretion by not expressly addressing the statutory factors in awarding the dog.
- Whether the appellant may obtain half the value of the dog when the issue was not raised in the trial court and no evidence of value was presented.
Holdings
- The trial court did not abuse its discretion; the first assignment of error is overruled.
- The issue was not preserved for appeal; the second assignment of error is overruled.
Key quotations
“While both parties loved Violet, Megan was more involved with her on a daily basis, and it found it more equitable to award the dog to her.” (¶ 12)
“It is settled law that issues raised for the first time on appeal and not having been raised in the trial court are not properly before this court and will not be addressed.” (¶ 15)
Factual background
Brandon and Megan Clyburn married in 2018 and purchased a dog, Violet, during the marriage. Both cared for the dog, though only Brandon was listed on the license and Megan on the microchip. After separation in 2024, the parties attempted a shared‑custody arrangement that failed, and the trial court awarded Violet to Megan, finding she was more involved in daily care.
Procedural history
The trial court awarded the dog, Violet, to Megan Clyburn as marital property. Brandon Clyburn appealed, asserting the court failed to consider statutory factors and that he was entitled to half the dog’s value.