[Cite as Perry v. Perry, 2011-Ohio-3514.]
COURT OF APPEALS
LICKING COUNTY, OHIO
FIFTH APPELLATE DISTRICT
JUDGES:
ANGELA PERRY : Hon. W. Scott Gwin, P.J.
: Hon. John W. Wise, J.
Plaintiff-Appellant : Hon. Julie A. Edwards, J.
:
-vs- :
: Case No. 2011-CA-00003
DOUG PERRY :
:
Defendant-Appellee : OPINION
CHARACTER OF PROCEEDING: Civil appeal from the Licking County Court
of Common Pleas, Domestic Relations
Division, Case No. 10DR0166
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: July 14, 2011
APPEARANCES:
For Plaintiff-Appellant For Defendant-Appellee
JOEL R. ROVITO BRIAN C. BURRIER
7538 Slate Ridge Blvd. 400 South Fifth Street, Ste. 302
Reynoldsburg, OH 43068 Columbus, OH 43215
[Cite as Perry v. Perry, 2011-Ohio-3514.]
Gwin, P.J.
{¶1} Plaintiff-appellant Angela Perry appeals a judgment of the Court of
Common Pleas, Domestic Relations Division, of Licking County, Ohio, which entered a
divorce decree incorporating a separation agreement and a shared parenting plan
between appellant and defendant-appellee Doug Perry. Appellant assigns a single
error to the trial court:
{¶2} “I. THE TRIAL COURT ABUSED ITS DISCRETION IN ACCEPTING THE
MEMORANDUM OF AGREEMENT AND INCORPORATING IT INTO A FINAL
DECREE OF DIVORCE AS THAT DOCUMENT WAS SIGNED BY PLAINTIFF-
APPELLANT UNDER DURESS, UNDUE INFLUENCE AND COERCION.”
{¶3} The record before us contains a document captioned “Settlement
Memorandum” filed on November 8, 2010. It states in pertinent part: “The parties agree
to terminate their marriage based upon the attached agreement and shared parenting
plan”. Both parties and their counsel signed the memorandum, and attached to the
memorandum are signed copies of a separation agreement and a shared parenting
plan. However, the agreements appear to be preliminary drafts of the agreements with
portions of the printed documents crossed out and handwritten changes made and
initialed by the parties. The settlement memorandum states appellee’s attorney would
prepare the final paperwork.
{¶4} Thereafter, on December 7, 2010, the trial court entered a final decree of
divorce, attaching final renderings of the separation agreement and shared parenting
agreement which were re-typed to reflect the changes the parties had made in the
Licking County, Case No. 2011-CA-00003 3
original documents. However, only appellee signed the revised documents and decree
and the line for appellant’s signature states “submitted but not returned”.
{¶5} Appellant asserts she signed the original agreements under duress after
negotiating with appellee out of the presence of the parties’ counsel. The record is silent
on this matter. It does not appear appellant ever informed the court that she did not
agree to be bound by the documents or had been under duress when she signed them.
The court had before it a memorandum and rough drafts signed by appellant. The
absence of appellant’s signature on the final drafts of the two agreements, taken alone,
did not give the court notice that she had not willingly signed the earlier documents.
{¶6} “A reviewing court cannot add matter to the record before it, which was not
a part of the trial court's proceedings, and then decide the appeal on the basis of the
new matter.” State v. Ishmail (1978), 54 Ohio St.2d 402, 8 O.O.3d 405, 377 N.E.2d 500,
paragraph one of the syllabus. See, also, State v. Coleman (1999), 85 Ohio St.3d 129,
133, 707 N.E.2d 476, 483. Issues not raised before the trial court cannot be raised for
the first time on appeal. Estate of Brewer v. Black, Stark App. No. 2010-CA-00096,
2010-Ohio-3584 at paragraph 32, citing Holman v. Grandview Hospital & Medical
Center (1987), 37 Ohio App. 3d 151, 157, 524 N.E. 2d 903.
{¶7} The assignment of error is overruled.
Licking County, Case No. 2011-CA-00003 4
{¶8} For the foregoing reasons, the judgment of the Court of Common Pleas,
Domestic Relations Division, of Licking County, Ohio, is affirmed.
By Gwin, P. J.,
Wise, J., and
Edwards, J., concur
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. JOHN W. WISE
_________________________________
HON. JULIE A. EDWARDS
WSG:clw 0629
[Cite as Perry v. Perry, 2011-Ohio-3514.]
IN THE COURT OF APPEALS FOR LICKING COUNTY, OHIO
FIFTH APPELLATE DISTRICT
ANGELA PERRY :
:
Plaintiff-Appellant :
:
:
-vs- : JUDGMENT ENTRY
:
DOUG PERRY :
:
:
Defendant-Appellee : CASE NO. 2011-CA-00003
For the reasons stated in our accompanying Memorandum-Opinion, the judgment of
the Court of Common Pleas, Domestic Relations Division, of Licking County, Ohio, is
affirmed. Costs to appellant.
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. JOHN W. WISE
_________________________________
HON. JULIE A. EDWARDS