[Cite as Mayer v. Scyphers, 2014-Ohio-2200.]
COURT OF APPEALS
MORROW COUNTY, OHIO
FIFTH APPELLATE DISTRICT
FRANK R. MAYER II : JUDGES:
:
: Hon. William B. Hoffman, P.J.
Plaintiff-Appellee : Hon. Sheila G. Farmer, J.
: Hon. Patricia A. Delaney, J.
-vs- :
: Case No. 13CA0009
:
DEANNE M. SCYPHERS :
:
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Morrow County Court of
Common Pleas, Juvenile Division Case
No. 2012 JUCST 00085
JUDGMENT: AFFIRMED
DATE OF JUDGMENT ENTRY: May 19, 2014
APPEARANCES:
For Plaintiff-Appellee: For Defendant-Appellant:
TOM C. ELKIN JOHN C. FILKINS
P.O. Box 189 101 W. Sandusky St., Suite 204
Mt. Gilead, OH 43338 Findlay, OH 45840
Morrow County, Case No. 13CA0009 2
Delaney, J.
{¶1} Appellant Deanne M. Scyphers (“Mother”) appeals from the October 21,
2013 judgment entry of the Morrow County Court of Common Pleas, Domestic
Relations Division. Appellee is Frank R. Mayer II (“Father”).
FACTS AND PROCEDURAL HISTORY
{¶2} On April 18, 2012, Father filed a complaint to establish parental rights and
responsibilities of A.C.S., born December 23, 2011. Paternity was established through
the Morrow County Child Support Enforcement Agency. Father sought designation as
residential and custodial parent of A.C.S.
{¶3} The matter proceeded to final hearing before the magistrate on May 21,
2013. On July 15, 2013, the magistrate issued Findings of Fact and Conclusions of Law
which Mother objected to on July 29, 2013, challenging, e.g., the magistrate’s allocation
of visitation to Father and the recommendation that guardian ad litem fees should be
split equally.
{¶4} On October 18 and October 21, 2013, the trial court overruled Mother’s
objections because no transcript was ordered of the proceedings.
{¶5} Mother now appeals from the trial court’s Journal Entry of October 21,
2013.
{¶6} Mother raises two assignments of error:
ASSIGNMENTS OF ERROR
{¶7} “I. THE TRIAL COURT ERRED AS A RESULT OF ITS GRANTING TO
THE APPELLEE PARENTING TIME IN EXCESS OF ALTERNATE WEEKENDS AND
Morrow County, Case No. 13CA0009 3
IN EXCESS OF THE TRIAL COURT’S LOCAL RULE FOR SAME IS NOT IN THE
BEST INTEREST OF THE MINOR CHILD.”
{¶8} “II. THE TRIAL COURT ERRED IN ORDERING THE EQUAL DIVISION
OF GUARDIAN AD LITEM FEES BASED UPON THE FACT THAT APPELLEE
REQUESTED THE APPOINTMENT OF THE GUARDIAN AND THE APPELLEE
EARNS $52,000.00 A YEAR AND THE APPELLANT HAS IMPUTED INCOME OF
$16,000.00 A YEAR.”
ANALYSIS
I., II.
{¶9} Mother challenges the trial court’s decision to grant Father Visitation in
excess of alternate weekends and in excess of Local Rule 2, asserting its decision is
not in the best interest of the child, and argues the trial court should not have assessed
half the guardian ad litem fee against Mother. Mother has not provided a transcript of
the proceedings below, however, and we have no alternative but to affirm.
{¶10} In reviewing assigned error on appeal we are confined to the record
before the trial court as defined in App.R. 9(A). This rule provides that the record on
appeal consists of “[t]he original papers and exhibits thereto filed in the trial court, the
transcript of proceedings, if any, including exhibits, and a certified copy of the docket
and journal entries prepared by the clerk of the trial court.” The trial court in the instant
case noted no transcript was provided with objections to the magistrate’s decision.
{¶11} App.R. 9(B) also provides in part “ * * *[w]hen portions of the transcript
necessary for resolution of assigned errors are omitted from the record, the reviewing
Morrow County, Case No. 13CA0009 4
court has nothing to pass upon and thus, as to those assigned errors, the court has no
choice but to presume the validity of the lower court’s proceedings, and affirm.”
{¶12} In Knapp v. Edwards Laboratories the Ohio Supreme Court stated: “The
duty to provide a transcript for appellate review falls upon the appellant. This is
necessarily so because an appellant bears the burden of showing error by reference to
matters in the record.” 61 Ohio St.2d 197, 199, 400 N.E.2d 384 (1980). In this case,
Mother makes reference only to the magistrate’s decision, not to the record.
{¶13} Appellant has not provided a transcript of the final hearing which began on
May 21, 2013. Without a transcript, we must presume the regularity of the trial court’s
proceeding. Rachel v. Rachel, 5th Dist. Stark No. 2012CA00243, 2013-Ohio-3692, ¶
23, appeal not allowed, 137 Ohio St.3d 1473, 2014-Ohio-176, 2 N.E.3d 268, citing
Knapp, supra.
{¶14} Mother’s two assignments of error are overruled.
Morrow County, Case No. 13CA0009 5
CONCLUSION
{¶15} The two assignments of error are overruled and the judgment of the
Morrow County Court of Common Pleas, Juvenile Division is affirmed.
By: Delaney, J. and
Hoffman, P.J.
Farmer, J., concur.
Morrow County, Case No. 13CA0009 6
Hoffman, P.J., concurring
{¶16} I fully concur in the majority's analysis and disposition of Appellant's first
assignment of error.
{¶17} I further concur in the majority's disposition of Appellant's second
assignment of error. However, I do not believe a transcript of the May 21, 2013 hearing
is necessary for our resolution of this assigned error. Nevertheless, I concur in
overruling it as I find no abuse of discretion by the trial court's ordering the guardian ad
litem fee split equally between the parties.