[Cite as Hashime-Bazlamit v. Bazlamit, 2009-Ohio-4445.]
IN THE COURT OF APPEALS OF OHIO
THIRD APPELLATE DISTRICT
HARDIN COUNTY
SAMAR AL HASHIME-BAZLAMIT,
PLAINTIFF-APPELLANT, CASE NO. 6-09-01
v.
SUBHI BAZLAMIT, OPINION
DEFENDANT-APPELLEE.
Appeal from Hardin County Common Pleas Court
Domestic Relations Division
Trial Court No. 20083008 DRE
Judgment Affirmed
Date of Decision: August 31, 2009
APPEARANCES:
Jennifer S. Easterday for Appellant
C. Bradford Kelley for Appellee
Case No. 6-09-01
PRESTON, P.J.
{¶1} Appellant-plaintiff, Samar Al Hashime-Bazlamit (hereinafter
“appellant”) appeals the judgment of the Hardin County Court of Common Pleas
affirming the magistrate’s decision to dismiss appellant’s amended complaint for
divorce against appellee-defendant, Subhi Bazlamit (hereinafter “appellee”). For
the reasons that follow, we affirm.
{¶2} Appellant and appellee were married on November 27, 1993, in
Amman, Jordan. At the time of the marriage, appellee was a legal resident of the
United States, and subsequent to the marriage, the parties moved to the United
States and appellant became an American citizen sometime in 2000. The parties
lived in Ohio for most of the duration of the marriage, and in addition, while the
couple lived in Lima, Ohio, two children were born of the marriage, Mohammed
(d.o.b. 6/6/95), and Sarah (d.o.b. 9/18/03).
{¶3} In May 2007, the appellant and her two children traveled to Amman,
Jordan to visit family. On or about June 17, 2007, appellee traveled to Amman,
Jordan and filed for divorce. On or about June 24, 2007, appellant was issued a
document of revocable divorce by proxy by the Supreme Judge Department,
Sharia Court of Mid Amman. According to the terms of the divorce and under the
laws of Jordan, the divorce was revocable for a period of 30 days and a three
month waiting period was imposed before the divorce became final. In addition to
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filing for divorce, appellee put a hold on the passports of their minor children,
which prohibited them from returning to the United States.
{¶4} On January 17, 2008, appellant filed a complaint to establish custody
and divide marital assets in the Hardin County Court of Common Pleas, Domestic
Relations Division. On February 6, 2008, appellant filed an amended complaint
for divorce with children. A jurisdictional hearing was held on October 20, 2008,
and both parties submitted motions before the court. On December 1, 2008, the
magistrate filed a decision dismissing the appellant’s amended complaint for
divorce. On December 16, 2008, the trial court adopted the magistrate’s decision
and dismissed the case with prejudice.
{¶5} Appellant now appeals and raises three assignments of error.
ASSIGNMENT OF ERROR NO. I
UNDER THE PRINCIPLES OF “COMITY” OHIO COURTS
ARE NOT OBLIGATED TO RECOGNIZE THE JORDANIAN
DIVORCE DECREE.
ASSIGNMENT OF ERROR NO. II
THE LOWER COURT HAD JURISDICTION OVER THIS
MATTER, AS THE APPELLANT FULFILLED THE
REQUIREMENTS ESTABLISHED IN R.C. 3105.03 AND R.C.
3105.01(I).
ASSIGNMENT OF ERROR NO. III
EVEN IF THIS COURT FINDS THAT JORDAN HAD
JURISDICTION OVER THE STATUS OF THE MARRIAGE
AND VALIDATES THE JORDANIAN DIVORCE DECREE,
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THIS COURT HAS JURISDICTION OVER ANY ISSUES
ATTENDANT TO THE MARRIAGE.
{¶6} Before considering appellant’s assignments of error, we must first
address appellant’s failure to file a timely objection to the magistrate’s decision
pursuant to Civ.R. 53. Civ.R. 53(D)(3)(b)(iv) provides that if a party failed to file
a timely objection to the magistrate’s decision, “a party shall not assign as error on
appeal the court’s adoption of any factual finding or legal conclusion.”
{¶7} Here, a jurisdictional hearing was held on October 20, 2008, before
the magistrate. Subsequently, both parties submitted briefs and documents before
the court in support of their respective positions on whether the court had
jurisdiction. (Doc. Nos. 26-28). On December 1, 2008, the magistrate issued its
decision and found that the Jordan divorce decree was valid and entitled to
recognition as it related to the divorce of the parties. (Dec. 1, 2008 Mag. Dec.,
Doc. No. 29). In addition, the magistrate found that the attendant issues, such as
custody, child support, visitation, alimony, and dowry, had been resolved by the
Jordan divorce proceedings, and as such, there were no other issues over which the
court would have jurisdiction to decide. (Id.). Thus, the magistrate recommended
that appellant’s amended complaint for divorce be dismissed, and at the end of its
decision, stated the following:
OBJECTIONS TO THIS DECISION SHALL BE FILED WITH
THE COURT, IN WRITING, WITHIN 14 DAYS OF THE
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DATE OF THE FILE-STAMPED DATE OF THIS DECISION
PURSUANT TO OHIO CIVIL RULE 53.
A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL
THE COURT’S ADOPTION OF ANY FACTUAL FINDING
OR LEGAL CONCLUSION OF LAW UNDER OHIO CIVIL
RULE 53(D)(a)(ii), UNLESS THE PARTY TIMELY AND
SPECIFICALLY OBJECTS TO THAT FACTUAL FINDING
OR LEGAL CONCLUSION AS REQUIRED BY OHIO CIVIL
RULE 53(D)(3)(b).
(Id.). On December 16, 2008, the trial court issued its judgment entry noting
initially that neither party had filed objections to the magistrate’s decision
pursuant to Civ.R. 53. (Dec. 16, 2008 JE, Doc. No. 30). Therefore, after an
independent review of the evidence of the record, the trial court found no apparent
error of law or defect, and ultimately adopted and approved the magistrate’s
decision to dismiss appellant’s amended complaint for divorce. (Id.).
{¶8} As previously stated, under Civ.R. 53(D)(3)(b)(iv), “a party shall not
assign as error on appeal the court’s adoption of any factual finding or legal
conclusion, whether or not specifically designated as a finding of fact or
conclusion of law under Civ.R. 53(D)(3)(a)(ii), unless the party has objected to
that finding or conclusion as required by Civ.R. 53(D)(3)(b).”
{¶9} It is clear from the rules and from prior case law that, in a divorce
proceeding, if a party fails to object to a conclusion of law or finding of fact issued
by a magistrate, the party is precluded from then raising the issues for the first
time on appeal. Civ.R. 53; Heath v. Heath (Feb. 29, 2000), 3d Dist. No. 14-99-44,
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at *1. See, also, Foust v. Foust (Nov. 14, 2000), 3d Dist. No. 1-2000-28, at *2;
Waltimire v. Waltimire (1989), 55 Ohio App.3d 275, 564 N.E.2d 119; Harbeiter v.
Harbeitner (1994), 94 Ohio App.3d 485, 641 N.E.2d 206; Wirt v. Wirt (Apr. 10,
1996), 9th Dist. No. 95CA0041; Walston v. Walston (Sept. 29, 1995), 6th Dist.
No. WD-94-057; Welch v. Welch (Sept. 19, 1995), 5th Dist. No. 94 CA 50;
Conroy v. Conroy (Apr. 12, 1993), 10th Dist. No. 93AP-27. Thus, a party waives
the right to challenge the finding or conclusion on appeal if they fail to object to
the magistrate’s decision.
{¶10} Here, it is clear that appellant failed to object to any of the
conclusions of law or findings of fact indicated in the magistrate’s decision.
Therefore, appellant is otherwise foreclosed from assigning as error those issues
she failed to raise with the trial court.
{¶11} Appellant’s assignments of error are, therefore, overruled.
{¶12} Having found no error prejudicial to the appellant herein in the
particulars assigned and argued, we affirm the judgment of the trial court.
Judgment Affirmed
WILLAMOWSKI and SHAW, J.J., concur.
/jlr
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