IN THE COURT OF { COMMON PLEAS }
GEAUGA COUNTY, STATE OF OHIO
GAIL S. BRAHIER : CASE NO. 92-G-1705
PLAINTIFF-APPELLEE : CT. NO. 91-DC-000792
- vs -
MAURICE E. BRAHIER : MOTIONS FOR/TO:
DEFENDANT-APPELLANT : MOTION 1
: MOTION TO REMOVE THE TRIAL
: JUDGE FROM FURTHER ACTION
: UPON THE CASE
: MOTION 2
: MOTION FOR RELIEF
: FROM JUDGEMENT PURSUANT TO
: CIV R 60(B) INCLUSIONS
_________________
MOTION 1
Now comes the defendant, Maurice E. Brahier, and brings
before this court a motion and request for the trial judge,
Hans R. Veit, to remove himself from further actions upon
this case.
This is a request that is allowed under law, is to be
provided upon reasonable request, and the defendant does so
request this order.
MOTION 2
I, being the defendant in this case before the court, move
this court to vacate and set aside the final judgement
entered against myself on April 15, 1992 and/or the Nunc Pro
Tunc judgement under Civ R 60(B): (1); and/or (2); and/or (3)
and/or (4); and/or (5) of Ohio law or counterpart federal
law.
For cause, I refer to the memorandum included and/or other
documents produced to this court and/or in the record of this
court.
MEMORANDUM
Under Civ R 60 the court finds as reasons for relief from
judgement:
(B)(1)
mistake, inadvertence, surprise or excusable neglect:
(B)(2)
newly discovered evidence which by due diligence could not
have been discovered in time to move for a new trial under
Rule 59(B);
(B)(3)
fraud (whether heretofore denominated intrinsic or
extrinsic), misrepresentation or other misconduct of an
adverse party;
(B)(4)
the judgement has been satisfied, released or discharged,
or prior judgement upon which it is based has been reversed
or otherwise vacated, or it is no longer equitable that the
judgement should have prospective application;
(B)(5)
any other reason justifying relief from the judgement.
The motion shall be made within a reasonable time, and for
reasons (1), (2) and (3) not more than one year after the
judgement, order or proceeding was entered or taken. A motion
under this subsection (B) does not suspend its operation.
The procedure for obtaining any relief from a judgement
shall be by motion as prescribed in these rules.
______________
This motion for relief is presented to the court based on
[a] judgement(s) which was (or were) produced through the
court on April 15,1992 ( or the Nunc Pro Tunc produced
thereafter).
This request for relief therefore falls within the time
limitations of one year after the original judgement
_________________
OPERATIVE ISSUES
1. Civ R 60(A),(B)(1)
The court has presented a final judgement dated April 15,
1992 and, without apparent leave from the court of appeals,
also a Nunc Pro Tunc judgement, which upon review indicates
modification of the original judgement entry: A Nunc Pro Tunc
order/judgement may only be used to correct clerical error,
substantive changes may not be made without leave from the
reviewing court.
2. Civ R 60(B)(4),(5)
3109.21-3109.37 -- UCCJA -- í307, í321, í322
The court has apparently disregarded my rights and the
children's under interstate custody and child protection
laws: failure of the court to abide by state and federal
laws/guidelines may be deemed cause for relief from judgement
or order. The court failed to address jurisdictional
requirements under UCCJA, order evidence brought before it,
failed to start ancilliary processes in the previous "home"
residential state, and failed to provide costs to the
defendant or open marital assets so that he might obtain
proper evidence, witnesses and justice within the system upon
this state assuming jurisdiction. UCCJA Sec.1,3,7,8,18,19
3. Civ R 60(B)(2)
Newly discovered evidence that might be found bearing upon
the case has been obtained by the defendant: A party may be
relieved from judgement when new evidence that might be found
useful or bring forth a different outcome pursuant to
judgement or order is found for presentation.
The evidence is:
1. a document produced by the plaintiff describing the
previous "home " state's school system and her interpretation
of the school systems ability to preform and teach children
under the reform act, and the state's attempt to ensure
quality, progressive education to all students. 3109.04,
3109.05
2. the eldest childs Cognitive Abilities Test scores and
Iowa Tests of Basic Skills for 1992 indicating the defendant's
preparation and skill at preparation of the children, and
the private schooling for the eldest. 3109.04, 3109.05
3. The letter that the plaintiff received from Indiana
indicating her attempt to leave this state, again removing
the children from thier father's availability, community and
other, after indications to the court that the plaintiff was
attempting to use this state for it's forum, lack of
witnesses and evidence, and would not be staying in Ohio. The
court was advised through affidavit that the plaintiff had
removed the children from the state of Kentucky without the
defendant's consent and against his advise. The defendant
does have the letter he received from the plaintiff
concerning the move.
3109.26- UCCJA Sec. 8, 3109.25- UCCJA Sec. 7, 3109.21;.22-
UCCJA Sec. 1,3
4. Civ R 60(B)(1),(2),(3),(4)
Evidence which was not presented to the court or does not
now appear within the record which might affect, or have
affected, the outcome of the action or the rights of a party
has been found to be a cause for relief from judgement or
order.
The defendant has household records which he attempted to
place upon the record, which do not appear.
5. Civ R 60(B)(3)
Fraud and/or misrepresentation and/or misconduct by an
adverse party is a just and viable reason for relief from
judgement or order. The plaintiff's exhibit concerning her
employment sheets, the certification of same, and the
ensuing estimate of the average hours worked, and the
credibility of a certain witness, might be found to be
misrepresentations and/or other upon review of evidence
available through the defendant and/or other documents.
6. Civ R 60(B)(4)
The court apparently inequitably distributed assets and
debts, has rendered continual judgements regarding
obligations which appear to violate Title 42 inclusions,
Consumer Protection laws, and guidelines, and other
applicable state law: A party may be relieved from a
judgement or order which has no equitable value in law or
substantially affects a party's rights at equitable and just
relief.3113.215, 3105.18, 3105.171
7. Civ R 60(B)(4),(5)
The court was advised of apparent jurisdictional impropriety
under state and federal laws/guidelines, and provided with a
final motion just prior to trial pursuant to 3109.25, UCCJA
Sec 1,3,7, Civ R 3, Civ R 12 and indicated apparent
prejudicial actions by the court, requesting an impartial
trial in a more appropriate forum, which was dismissed by the
court. A party may be relieved from a judgement or order upon
which the trial court had no proper jurisdiction of the
action or cause, or the court might be found to have
committed prejudicial acts which affected a party's rights
under law.
8. Civ R 60(B)1
The court mistakenly assumed or otherwise, that all evidence
of value had been or was being presented. The defendant had
and has evidence which: does not appear in the record; and/or
was not presented to the court for a proper determination or
judgement; and/or was presented and does not appear within
the record.
Wherefore, the defendant of this action requests that the
court grant this order of relief from judgement or a hearing
to determine the validity of this request, to protect his and
the children's rights under law.
Civ R 60 OCR, Title 28, 42 USC
_______________________________
MAURICE E. BRAHIER
137 MOFFET AVE.
CHARDON, OHIO 44024
I certify that I have sent or otherwise presented the
documents submitted to the court this __________ day of
March, 1991, to the attorney of record for the plaintiff.
civ60(b).txt page ~ of
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