Polk v. Polk

Summary

The Sixth District Court of Appeals of Ohio affirmed the Lucas County Domestic Relations Division’s September 17, 2025 judgments dismissing Dawn Polk’s show-cause motion and denying her request to clarify the dismissal and purge of contempt. The court held that it lacked jurisdiction to review issues concerning judgment entries not included in a timely notice of appeal and presumed the regularity of the trial court proceedings because Dawn did not provide a transcript. The court also affirmed the judgment concerning parenting time and counseling-related contempt issues.

Holdings

1. The appellate court lacks jurisdiction to consider issues concerning judgment entries for which the appellant did not file a timely notice of appeal or properly amend the notice of appeal.
2. The court could not review Dawn's challenge to the denial of her App.R. 9(C) statement because she did not properly appeal the judgment addressing that issue.
3. When an appellant fails to provide a transcript necessary to review the claimed errors, the appellate court must presume the regularity of the trial court proceedings and cannot review factual claims dependent on the omitted record.
4. A pro se litigant is bound by the same rules and procedures as a represented party and does not receive greater rights or relief from the consequences of procedural mistakes.

Questions Presented

1. Whether the appellate court had jurisdiction to review issues concerning the trial court's May 14 and November 13, 2025 judgment entries when Dawn did not file timely notices of appeal from those entries.
2. Whether the appellate court had jurisdiction to review the denial of Dawn's request to submit an App.R. 9(C) statement of evidence when that decision was not properly appealed.
3. Whether the appellate court could review Dawn's claims that the trial court failed to enforce counseling orders, improperly declined to hold Carl in contempt, improperly granted purge conditions, and improperly modified parenting time when Dawn failed to file a transcript.

Disposition

affirmed