TABLE OF CONTENTS AND ASSIGNMENT OF ERRORS
SPECIAL ABREVIATIONS USED
cr= court record b= brief t= transcript
ad= addendum ar= appellate record
UCCJA= Universal Child Custody Jurisdiction Act(Chap. 3109)
PREFACE..............................................p1
Atkinson v. Grumman Ohio Corp.(1988),37 OS 3d 80.....p1
Joyce v. General Motors Corp.(1990),49 OS 3d 93,
551 NE2d 172, reh den 50 OS 3d 709,553 NE2d 691.......p1
State, ex rel. Beacon Journal Pub. Co. v. Donaldson,
(1992) 63 O. ST. 3d 173..............................p1
Weaver v. Motorist Mut. Ins. Co.(1990),
68 O.App. 3d 547.....................................p2
State v. Mattison,(1980,Cuyahoga Co.),23 O App 3d 10,
23 OBR 43,490 NE2d 926..............................p2
PROCEDURAL POSTURE..................................b. 1
Morningstar v. Morningstar(1990),63 O.App. 3d 653...b.2
FIRST ASSIGNMENT OF ERROR...........................
The court erred with prejudice against the minor children of
the party's, against manifest weight of the evidence, by
ignoring the protection and best interest of the children.
Issues Presented for Review and Arguement............b.2-12
1. In interstate custody disputes, the court must first
establish proper forum (A). If the court finds itself as the
proper forum, the court must provide the children with:(B)
equal protection and due process by: (1)instilling temp.
custody if necessary (2) providing representation and costs;
(3)instituting investigations of family history in the
previous state (4) protect their financial interests;and (5)
upon motion by representative of the children of improper
forum, stay proceedings in this state and contact the
previous home state.
(Court records 1>64 inclusive, 3109.25 pre-trial Motion,
Pleas to Court (Chapter3109)& testimony-Hearings & trial)
UCCJA........................................ad pgs.12-29
full text pamphlet pgs. 5-15
Chapter 3109.........................................b.3
Civ R 1.....applicability of rules to courts
Civ R 3(D)...........................................b.3
Civ R 12(B),(H)......................................b.3
Civ R 75............................................ad.3
28 USCS í 1738A........referance...........ad pgs. b.4
46 O. Jur. 2d, Infants...................referance
46 0. Jur. 3d, Family Law...referance pamplet..pgs.18-49
(A).Motion For Relocation.......................cr.17.b.4
Civ R 12(B)(1-3), (H)(1),(3)
U.C.C.J.A...................................ad.15- b.5
addendum pg.15 para.1"Paragraph (2)...." thru
Chapter 3109........Chapter referance and ......ad.28-30
In re Guardianship of Wonderly,67 OS2d 178..........b.6-7
Full text in pamphlet pgs. 1-4
a.3109.22......................................b.6
b.3109.25...........................t cr b.6
Syrios v. Syrios.....................................b.7
Full text in pamphlet pgs. 75-76
a.3109.26................................ad.30..b.7
28 USCS í 1738A......................................b.7
a.Patricia R. v. Andrew W.(1983),
121 Misc. 2d 103,467 NY S 2d 322............ad.39
b.Arbogast v. Arbogast,(1984 W.Va.)
327 SE 2d 675 ..............................ad.39
Civ R 75(A) > Civ R 3(B)(9)
(B).Motions for Restricted, Controled Access
........cr.24&35.......b.8
Am. Sub. S.B. 3,UCCJA,3109.04.................b.9
Civ R 75(B)(2), (D), (H)(2)
Motion for Removal of Plaintiff From Residence.
(Court Records 13 > 43 inclusive) ..cr.21&38..b.9
2151.353.......................................ad.35..b.9
2919.25............................................^
Civ R 75(D), (M)(1) .................................b.9
(1). The court should have given temporary custody to the
defendant-appellant. .........................b.
Motion and affidavits in court record..cr's.24>26
(Court records 13 > 43 inclusive)
Civ R 75(M)(1).............................b.9
2151.353(A)(3).......................ad.36.b.9
2919.22(A)...........................ad.37.b.9
(a) The court &/or referee should have reported
information for proceeding under Chapter 2151 to the
proper agency.
.............................b.10
2151.421...........................ad.36-37..b.10
Am. Sub. S.B.3...............................b.10
2151.35......................................ad.
2151.03........ad.35......Chapter.2151..referance
(2) The children were not supplied with representation.
.........................b.10
2151.04(C)....................................b.10
Civ R 75(B)(2)................................b.10
Civ. R 75(D)..................................b.10
(3). The court was required to institute an investigation
of the family.......................... b.
Motions for Invest.& Evid.....cr.13,14..27,28..39
(Court records 13>40 inclusive)..Civ R 75(B)(2), (D)
Am. Sub.S.B. 3.........legislative intent
3109.04....................................ad.12
UCCJA... Sec.s 18, 19......................ad.26-27
(4).Motion for Restitution of Loss.........cr.19>20. b.
a.(Court Records 13 > 43 inclusive)
Civ R 75(A),(B)(1),(2)
In re Patrick(1990),61 Ohio Misc. 2d 565........b.11
Calmes vs. Goodyear Tire & Rubber Co.(1990),
61 Oh. St. 3d 470...............................b.11
State v. Clifton(1989),65 O App 3d 117,.........b.11
42 Am Jur 2d, Infants.......referance...........b.12
(5) Motion submitted pre-trial by defendant pursuant to
3109.25 dismissed by judge.....cr ...........b.12
full text pamphlet........pgs. 16-17
Civ R 12(B)(1-3), (H)(1),(3) Civ R 75(A)
verbal requests and pleas to court-trial transcript
(3109.25-3109.26)
UCCJA....Sec.3 .ad 14-17.......Sec. 7 .ad 18-20
SECOND ASSIGNMENT OF ERROR..............................
The court erred with prejudice against the defendant-
appellant and against manifest weight of the evidence, by not
removing the plaintiff-appellee from the residence and
instituting spousal support, pendant lite.
Issues Presented For Review And Arguement.............b.12-14
1. A court must consider factors under 3105.18, primary
caretaker, supplier of nuture, neccessities of spouse who
supplied such, and the factors of the case in determining
need for temporary spousal support and custody.
Motion & Affidavit-Support,pendantÿlite ..........cr.15,16
(cr.13 > 43.inclus. Judgement cr.44...
cr.13 > 56 .Judgement.cr.64)
Civ R 75(M)
Motion for Removal of Plaintiff From Residence...cr.21&38
3105.18...................ad.10-11..(C)(1)(k).....b.13
Chapter 2151.....................................ad.35-37
Judgement entry..................................cr.44
Agreed Judgement Entry.................cr.64......b.14
THIRD ASSIGNMENT OF ERROR...............................
The court erred with prejudice against the defendant-
appellant, with substantial abuse of discretion, violations
of equal protection and due process constitutional, and law
guarantees, by not supplying representation and/or funds for
retaining representation, and/or costs.
Issues presented for review and arguement............b.14-15
1. A court must supply or offer some form of representation
and costs to parties in actions before the court. Parties
before the court have rights which must be protected by the
court. A court which fails to protect the interests of a
party before the court, who has submitted affidavits
indicating reasons for need, and submits a complaint and
motion for such, commits grievious and substantial abuse of
discretion, and violates the defendant's due process and
equal protection guaranties.
UCCJA...Sec.3 .ad.14 ...Sec. 8.ad.20..Sec.19.ad.26 ..b.14
Sec. 20 .ad.27
Civ R 75
Motions and Affidavits in court record.....
.........cr 13>64 inclusive (Transcript)
Supporting Documents.........................ar,ad,p
Constitutions of Ohio and The United States..ad.30-34.b15
FOURTH ASSIGNMENT OF ERROR.............................
The court erred with prejudice against the defendant-
appellant, and the minor children of the parties, with
substantial abuse of discretion, against manifest weight of
the evidence, by not attaching the children as co-defendants
in the action.
Issues presented for review and arguement............b.15
(Court Records 13 > 72 inclusive (transcript))
1. A court has responsibility to the chidren in actions for
divorce and custody brought before it. Upon indications that
the childrens rights might have been affected by one of the
parties of the action, the court must either institute some
form of protection for the children or assign them as co-
defendants to the action.
(a) UCCJA
(b)general juvenile laws (child rights & protection)
(c)46 O Jur 3d
(d)42 Am Jur 2d
(e)Chapter 3109
1.Civ R 75(B)(2)....................................b.15
FIFTH ASSIGNMENT OF ERROR..............................
The court erred with prejudice against the defendant-
appellant by not instituting an investigation of the parties,
contrary to motion and apparent indications in law regarding
motion, which was against manifest weight of the evidence.
Issues presented for review and arguement............b.15
1. A court which is presented with a motion or motions to
investigate the parties before the court shall not fail to
investigate or cause investigations to be made if it is in
the interest of justice, to protect the rights of a
defendant, or to protect the interest of children.
Motion For Investigation..cr.13,14..(cr.13 > 72 inclusive)
UCCJA
1.3109.04(C)........................................b.16
2.Civ R 75(D).......................................b.16
3. General Juvenile laws....referance
4. UCCJA..Sec.7.ad.18..Sec.8.ad.20..Sec.18 ..ad.26..b.16
Sec.19 ..ad.26
5. Am. Sub. H.B. 514, Am. Sub. S.B.3.....referance
SIXTH ASSIGNMENT OF ERROR..............................
The court erred with prejudice against the defendant-
appellant and children of the parties, violating due process
and constitutional guarantees and apparent law, against
manifest weight of the evidence, by dismissing the motion for
Issuance of Subpoena Duces Tecum and by not obtaining the
evidence otherwise.
Issue(s) presented for review and arguement...........b.16
1. A court must provide a defendant or defendants, in an
action before the court, the ability to bring the evidence
neccessary for a proper defence of the action to the court.
If a defendant indicates a need for out-of-state evidence to
be brought to the court, and indicates that a proper defence
can only be had with that evidence, the court must supply
some measure to bring that evidence to the court, or find
itself to be an inappropriate forum for that determination.
If it fails to do so, it substantially violates the
defendant's rights and ignores it's responsibility.
Motion for Subpoena Duces Tecum( & imperative)..
..cr.13,14..39(1 > 44)..
Court failure to investigate ...cr..1 > 72..Civ R..75(D)
UCCJA, (Chapter 3109, evidence rules, due process, defendant
guaranties under law, interstate custody determinations,
out-of-state process, etc.).........addendum 11-34.....b.16
Civ R 75(A)& Rules of Evidence and Procedure are refered to
SEVENTH ASSIGNMENT OF ERROR............................
The court erred with substantial abuse of discretion against
the defendant-appellant, against manifest weight of the
evidence, by inoring the fact that misleading evidence and
testimony was being supplied by the plaintiff.
Issues presented for review..........................b.17
1. A court which fails to properly consider testimony
supplied by a party in its court, concerning the fact that
the second party will be, and then, is supplying misleading
testimony and evidence to the court , and then fails to
properly consider another witness's testimony that
substantiates the first party's statements, has comitted a
error substantial to the first party's rights. If the court
is then advised that there is evidence available to the court
to substantiate the first party's claim of additional
evidence available to the court to refute testimony and
evidence to refute the second party's and a differant
witness's evidence and testimony, and fails to address that
claim, the court commits additional substantial error
severely prejudicial to the first party. The defendant
supplied such to the court.
Testimony supplied to court, first pre-trial....t
Testimony supplied to the court by Pamula Davis,
plaintiff witness...............................t
Testimony supplied to court by defendant-trial
2921.11...........................................b.18
2921.12...........................................b.18
2921.13...........................................b.19
Transcript
Motions and Affidavits supplied to Appellate..ar....b.19
Bright v. Ford Motor Co.(1990),63 O.App. 3d 256.....b.20
Mid-American Acceptance Co. v. Lightle(1989),63 O.App.
3d 590..............................................b.21
State v. Mattison.(Cuyahoga 1985),23 App.(3d) 10,
23 OBR 43, 490 NE(2d) 926............................b.21
EIGHTH ASSIGNMENT OF ERROR........................... .
The court erred with prejudice against the defendant-
appellant, against manifest weight of the evidence, by
stating in its judgement entry sub "(d) Neither party seeks
spousal support from the other."
Issues presented for review and arguement.............b.21-23
1. A court which has motions on file for spousal support,
receives additional requests from a party in the court for
spousal support, creates judicial error with substantial
abuse of discretion, contrary to federal and state rules
and/or laws, by leaving motions on file with the court at
time of judgement entry and after.
Motion for Temp/Perm. Spousal Support
..cr.15,16...judgement.cr.45 ..(cr.25,26,37,54)
Complaint for Divorce................................cr.34
Verbal request presented at trial.....................t.
3105.18.............................................ad.10-11
4 ALR4th 1294.......................................ad.4
94 ALR3d 176........................................ad.5
Am. Sub. H.B. 514.......legislative intent
Bolinger v. Bolinger(1990),49 OS(3d) 120,551 NE(2d) 157
.................ad.5
Buckles v. Buckles(1988),46 O.App. 3d 102............ad.6
Connoly v. Connoly,(1990)70 O App 3d 738.............ad.6
Day v. Day,40 App.(3d)155,532 NE(2d) 201(Franklin,1988)
....ad.6
Dipetro v. Dipetro, 10 O App 3d 44...................ad.9
Eisler v. Eisler,(1985),24 O.App. 3d 177.............ad.7
Guiedubaldi v. Guiedubaldi,(1990),64 O.App. 3d 37....ar.
Holcomb v. Holcomb,44 OS(3d)128,541 NE(2d)201,597(1989)
....ad.7
Hoyt v. Hoyt,(1990),53 O.St. 3d 177..................ad.7
In re Wilson(1989),61 O Misc. 2d 369.................ad.5
In re Murphy(1983),10 O App 3d 134...................ad.9
Kaechle v. Kaechle (1988),35 O St 3d 93..............ad.7
Kahn v. Kahn(1987)42 o St. 3d 61.....................ad.5
Kunckle v. Kunckle(1990),51 O.St. 3d 64..............ad.7
Lemon v. Lemon(1988),42 O.App. 3d 142................ad.8
McKay v. McKay (Geauga 1985),24 App(3d) 74, 24 OBR 129,
493 NE(2d) 317......................................ad.8
Pendleton v. Pendleton(1989),65 O App 3d 763.........ad.8
Reichert v. Reichert(1985),23 O.App. 3d 250..........ad.9
Welly v. Welly(Williams 1988)55 App(3d) 111..........ad.8
Willis v. Willis(1984),19 O.App. 3d 45...............ad.8
ADDITIONAL REFERANCE
Carpenter v. Carpenter,(1988),61 O.App. 3d 584.......ad.
Mocho v. Mocho(1990), 63 O App 3d 671 text-pamphlet 66-70
Schwenk v. Schwenk(1982),2 O.App. 3d 250..
Stevens v. Stevens(1986),23 O.St. 115....ad.5
Worthington v. Worthington 21 O St. 3d 73.ad.5
NINTH ASSIGNMENT OF ERROR.......................... ....
The court erred with prejudice against the defendant-
appellant indicating substantial abuse of discretion,
ignoring of state and federal rules and/or laws, against
manifest weight of the evidence, by stating "e) All assets
and liabilities have been divided except as stated below.",
Issues Presented For Review And Arguement............b.23-24
1. A court must make a determination of, and equitable
division of, all marital property and liabilities.
The court was provided with a seperation agreement by the
parties, the court was also told to ignore the values, then
received indications that the agreement was signed by the
defendant as only "in home" property, the court was then
provided with the fact that the assets had not been divided.
The court failed to make its own finding of values after
plaintiff's attorney presented that the values stated on
marital "in home" property should be ignored. By failing to
make its own determination of value and failing to find and
address the value of the retirement assets and I.R.A., the
court committed substantial error. By failing to address the
value of a professional degree the court commits abuse of
discretion.
Transcript pages and court record
a. Court Records 13,14,
b.Plaintiff Trial Statement.(failed to include retirement)
................cr.68..b.23
c. 4 ALR 4th 1294- Spouse's professinal degree or licence
as marital property for purposes of alimony, support,
or property settlement.
3105.18.......................................ar ad.10-11
Am Sub. S.B. 3 & H.B. 514...legislative intent
Bohnlein v Bohnlein(1983),11 O App 2d 26...........ad.6
Bolinger v. Bolinger(1990),49 OS(3d) 120,551 NE(2d) 157
................ad.5
Buckles v. Buckles (1988),46 Oh. App. 3d 102........ad.6
Carpenter v. Carpenter(1988), 61 Ohio App.3d 584....ad.
Connolly v. Connoly(1990),70 O App 3d 738...........ad.6
Day v. Day,40 App.(3d) 155,532 NE(2d) 201(Franklin,1988)
.............ad.6
Dipetro v. Dipetro,10 O App 3d 44...................ad.9
Eisler v. Eisler(1985),24 Oh. App. 3d 151...........ad.7
Glover v. Glover(1990),66 O App 3d 724..............ad.
Guiedubaldi v. Guiedubaldi (1990), 64 Ohio App. 3d 37
....ar
Holcomb v. Holcomb,44 OS(3d) 128,541 NE(2d) 597(1989)
....ad.7
Hoyt v. Hoyt(1990),53 Oh. St. 3d 177................ad.7
In re Murphy(1983),10 O App 3d 134..................ad.9
Kunckle v. Kunkle(1990),51 Oh. St. 3d 64............ad.7
Lemon v. Lemon(1988),42 Oh. App. 3d 142.............ad.8
Mocho v. Mocho(1990),63 O App 3d 671................ad
Reichert v. Reichert(1985),23 Oh. App.3d 67.........ad.9
Stevens v. Stevens(1986),23 Oh. St. 115.............ad.5
Schwenk v. Schwenk(1982),2 Oh. App. 3d 250..........ad.
Willis v. Willis(1984),19 Oh. App. 3d 45............ad.8
Young v. Young(1982),8 O App 3d 52..................ad.9
TENTH ASSIGNMENT OF ERROR.......................... .....
The court erred with prejudice against the defendant-
appellant, and the children, against manifest weight of the
evidence, by stating "Both parents interact and relate well
to the children."
Issues presented for review and arguement............b.24
1. The court makes this statement which indicates
preferencial treatment of the plaintiff. A statement which
was based on insufficient, misleading, testimony and evidence
due to court violations under UCCJA and evidence rules,
disregarding testimony by the defendant of plaintiff's lack
of concern for the children, and by its failure to do a
proper investigation, in violation of defendants rights and
the best interest of the children, the court committed
substantial error.
Affidavits in court record...........cr.. ar
Transcript pages
UCCCJA...Sec.3 .ad.14-17..Sec.7 .ad.18-20 ..Sec.8 .ad.20-22
Sec.18 .ad.26 ..Sec.19 .ad.26-27
Civ R 75(D)
3109.04(C)
Am Sub H.B. 514
Am Sub S.B. 3
ELEVENTH ASSIGNMENT OF ERROR....................... ...
The court erred with prejudice against the defendant-
appellant, and the children, against manifest weight of the
evidence, by stating "The children are well adjusted to their
home, school, and community."
Issues presented for review and arguement...........b.24-25
1. The court, after causing the event to accur, and by
ignoring statements at first pre-trial and motions and
affidavits supplied to court, in violation of UCCJA, Ohio
Chapter #3109, Civ R 3, 12, 75, makes this statement, which
substantially affects the rights of the children and the
defendant, and constitutes substantial abuse of discretion.
Restraining Order directed to defendant............cr.9
Motion For Relocation To State of Last Residence..cr.17,18
(Court Records 1 > 72 inclusive)
Addendum pages 12-41
TWELVTH ASSIGNMENT OF ERROR........................ ...
The court erred with prejudice against the defendant-
appellant, against manifest weight of the evidence, by
stating "All parties are in good physical health.".
Issues presented for review and arguement...........b.25
1. The court, ignores testimony from the defendant that he
has some problems with his health, in part, because of his
support of the plaintiff in her schooling and career, and the
types of employment he has had to accept because of the
repeated moves of the plaintiff.
Transcript pages.....
Reichert v. Reichert(1985),23 O App 3d 67...........b.25
THIRTEENTH ASSIGNMENT OF ERROR..................... ...
The court erred with prejudice against the defendant-
appellant, against manifest weight of the evidence, by
stating " The father has had problems maintaining
employment."
Issues presented for review and arguement............b.25
1. By ignoring testimony in the court, affidavits on file
with the court, and holding the defendant at fault for
plaintiff and court caused residuals, the court has
substantial violated the defendant's rights to equal
protection and due proccess under law, and indicates
substantial abuse of discretion.
Affidavits attached to all court records 13-53
Transcript pages......
FOURTEENTH ASSIGNMENT OF ERROR...................... ..
The court erred with prejudice against the defendant-
appellant, against manifest weight of the evidence, by
stating "He has been taking care of the children while the
mother has earned the money to support the family."
Issues presented for review and arguement............b.25-26
1. The court, having ignored the TOTAL ROLE REVERSAL of the
family, who supplied the nuture of the children, neglecting
to fully consider who performed the role of the primary
childcare giving, disregarding the fact that the defendant
had supplied support for the family prior to his loss of
employment caused by the plaintiff's excessive expenditures,
the evidence of the agreement between the parties supplied by
the defendant and the plaintiff's witness from Michigan, and
supplied with the fact that the defendant and his family had
supplied the majority of the neccessities to the children not
the plaintiff, makes this statement which infers differing
standards for men and women, and indicates disregard for
evidence supplied to the court.
preferential treatment of the plaintiff and ignoring of the
factors of the case.
(Court Records 13 > 59 inclusive)
Transcript pages.............................
FIFTEENTH ASSIGNMENT OF ERROR........................ ..
The court erred with prejudice against the defendant-
appellant and the children of the parties, against manifest
weight of the evidence, by stating " The father would prefer
to live in Kentucky although his employment there is
uncertain."
Issues presented for review and arguement...........b.26-27
(Court Records 13 > 64 inclusive)
1. By ignoring: the parties previous life in that state; the
availability of work there for the defendant; the superior
school system for the children; and the lower cost of living;
the court produced this statement, which was contrary to the
best interest of the children, and substantially violated the
defendants rights.
UCCJA..(chapter 3109)..Constitutional guaranties...ad.
Transcript.....................................
SIXTEENTH ASSIGNMENT OF ERROR........................
The court erred with ÿsubstaintial abuse of discretion,
against manifest weight of the evidence, disregarding
applicable law, violating child protection laws, disregarding
equal protection constitutional ÿguaranties, and the best
interest of the children, by stating "The mother is well
suited to take care and rear the children while earning a
living."
Issues presented for review and arguement...........b.27
1. The court, having been supplied with evidence, affidavits,
contrary to this statement, and failing to do proper
investigations, and failing to protect the rights of the
defendant and children, makes this statement which is
sustantial abuse of discretion.
a.Court Records.13 > 44,48 > 59
SEVENTEENTH ASSIGNMENT OF ERROR...................... ..
The court erred with substantial abuse of discretion,
against manifest weight of the evidence, by stating:
"The father seems to labor under an inferiority complex and
his demeanor borders on the bizarre."
Issues presented for review and arguement...........b.27-28
1. The court produced this statement by disregarding
testimony, proper court procedure, and holding the defendant
at fault for his attempt to advise the court of the facts of
the case, and it's presentation to the court which
substantially affects the defendant's rights now, and in the
future, and is abuse of discretion.
Review of complete court records and transcript is
indicated.
EIGHTEENTH ASSIGNMENT OF ERROR......................
The court erred with prejudice against the defendant-
appellant, against manifest weight of the evidence, by
imputing income to the defendant at an unreasonable amount
and unreasonable child support indicating substantial abuse
of discretion.
Issues presented for review and arguement...........b.27-29
1. Due to factors for consideration under 3105.18, the cost
of living in this state, and the defendant's employability
and earning ability in this state because of the plaintiff's
repeated moves, his marital responsibilities, and other
factors for consideration which the court failed to address,
the court's statement indicates substantial abuse of
discretion and affects the defendant's rights of equal
protection.
A. Court Records-Defendants presentations 13 > 54
B. Transcript
(1) The court erred with substantial abuse of discretion
against the defendant-appellant, against manifest
weight of the evidence, by stating under sub 6)
"Subject to further order of the court, the
defendant pay to the plaintiff for the support of
the minor children the sum of $155.50 per month for
each child plus two percent (2%) poundage,..".b.29
11)The court abused its discretion by stating," The
defendant shall pay the costs of this
proceeding, ...." .........................b.29
NINTEENTH ASSIGNMENT OF ERROR........................
The court erred with prejudice against the defendant-
appellant, in its division of marital debts which was
against manifest weight of the evidence, the factors for
consideration under federal and state law, and legislative
intent regarding misconduct by a party.
Issues presented for review and arguement...........b.29-30
The court has apparently attempted to force bankruptcy on
the defendant.
Am. Sub. S.B.3, Am. Sub. H.B. ....legislative intent
Appellate Court records are refered to.
Transcript
TWENTIETH ASSIGNMENT OF ERROR ..................... ....
The court erred with substantial abuse of discretion,
against precedent and law, by issuing the order "4) The
defendant shall vacate the marital premises." without regard
for defendant's rights or sustenance.
Issues presented for review and arguement...........b.30
The court left the defendant in a compromising position to
his health and well-being.
3105.18......complete statute and its inclusions
TWENTY FIRST ASSIGNMENT OF ERROR....................
The court erred with substantial abuse of discretion against
the defendant-appellant, against manifest weight of the
evidence, by placing upon the record a nunc proÿtunc order
which was contrary to law, precedent, and indicates an
apparent attempt to justify previous judicial error regarding
spousal support.
Issue presented for review and arguement............b.30
1. The court having left active motions on file, and
presented to the court at the hearing, for spousal support,
rendered the nunc pro tunc order to correct its judicial
error. The court stated that it had carefully considered the
facts of the case and found no reason for spousal support,
indicating substantial abuse of discretion.
Musca v. Chagrin Falls, 3 App(3d) 192, 3 OBR 129,
444 NE(2d) 475...................................b.30
Supporting Law and Arguement Supplied to Appellate
3105.18............................................ad.
FINAL ERROR (to be addressed after progressive,inclusive
assignment and judegement on motions) or TWENTY SECOND
ASSIGNMENT OF ERROR and partial SUMMATION
.....................................................
The court erred in apparent total disregard for:
forum/venue; law; evidence in the court; legislative intent;
state and federal laws regarding protection of children;
state and federal laws regarding proper court procedure;
constitutional guarantees of due process and equal
protection; and the defendant-appellant, by stating "The
interest of the children would best be served by designating
the mother as the residential parent and legal custodian of
the children." which is overpoweringly against manifest
weight of the evidence, indicates gender (sex) bias, and
disregards the best interest of the children.
Issues presented for review and arguement ...........b.30-31
1. In an action for custody the court must fully consider
who performed the role of primary care giver, who performed
as "mother" under tender years, factors under Chapter 3109,
UCCJA, 28 USCS 1738A, general juvenile laws, actions of the
parties, the evidence supplied to the court, and the best
interest of children.
46 O Jur 3d..Family law...............pamphlet pgs.19-49
Berry v. Berry 2 AOA 673...full text-pamphlet pgs.50-58
Biller v. Biller 2 AOA 682..partial text pamphlet.58-60
Charles v. Charles(1985),23 Oh. App. 3d 109........b.32
Glover v. Glover(1990),66 Oh. App.3d 724...........b.32
full text-pamphlet pgs.61-65
In re Maxwell(1982),8 Ohio App. 3d 302............ad.
Seibert v. Seibert,(1990),66 Oh. App.3d 342.......ad.
full text-pamphlet 71-74
Syrios v. Syrios(1990),69 Oh. App.3d 246..........ad.
full text-pamphlet 75-76
Thrasher v. Thrasher(1981),3 Oh. App. 3d 210.......b.33
Thompson v. Thomson(1987),31 O App 3d 254.........ad.
Additional precedent supplied in Addendum..Custody
SUMMATION............................................ b.33-35
REQUESTED RELIEF..................................... b.35
ADDENDUM
tablecon.txt NEXT PAGE PLEASE IF APPLICABLE PAGE NO.t
|
