[Cite as In re A.S., 2012-Ohio-2172.]
STATE OF OHIO ) IN THE COURT OF APPEALS
)ss: NINTH JUDICIAL DISTRICT
COUNTY OF SUMMIT )
IN RE: S.S. C.A. No. 26197
A.S.
APPEAL FROM JUDGMENT
ENTERED IN THE
COURT OF COMMON PLEAS
COUNTY OF SUMMIT, OHIO
CASE Nos. DN10-12-0861
DN10-12-0862
DECISION AND JOURNAL ENTRY
Dated: May 16, 2012
WHITMORE, Presiding Judge.
{¶1} Appellants, Kurt and Gina Walker, appeal from a judgment of the Summit County
Court of Common Pleas, Juvenile Division, which awarded legal custody of S.S. and A.S. to the
children’s maternal aunt. This Court affirms.
I
{¶2} A tragedy left S.S. and A.S. without parents. The children were adjudicated
dependent and placed in the emergency temporary custody of Summit County Children Services.
Subsequently, motions for legal custody were filed by (1) the maternal aunt, (2) the paternal
step-grandparents, and (3) the paternal great aunt and uncle. After trial, the court granted legal
custody to the maternal aunt. The paternal aunt and uncle filed this appeal and raise one
assignment of error for our review.
2
II
Assignment of Error
THE TRIAL COURT ERRED IN GRANTING TISHA PERMANENT
CUSTODY AS IT WAS NOT IN THE BEST INTEREST OF THE CHILDREN,
WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE AND DID
NOT RISE TO THE STANDARD OF CLEAR AND CONVINCING.
{¶3} In their sole assignment of error, Appellants argue that the trial court’s decision to
grant legal custody1 to the maternal aunt is against the manifest weight of the evidence. We
cannot address the merits of the argument because the record is incomplete.
{¶4} At oral argument, Appellants explained that pursuant to App.R. 9 they only
included portions of the transcripts which supported their argument. Unfortunately, Appellants
misread App.R. 9.
{¶5} “Judgments supported by some competent, credible evidence going to all the
essential elements of the case will not be reversed by a reviewing court as being against the
manifest weight of the evidence.” C.E. Morris Co. v. Foley Const. Co., 54 Ohio St.2d 279
(1978), syllabus. In order for an appellate court to review a decision for “some competent,
credible evidence,” the reviewing court must have access to more than just the portion of the
transcripts that support an appellant’s argument.
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. * * * When portions of the transcript
necessary for resolution of assigned errors are omitted from the record, the
reviewing 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.
1
Appellants mistakenly refer to the trial court’s decision as a granting of permanent custody,
however, the court granted the maternal aunt legal custody.
3
Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 199 (1980). Accord App.R. 9(B). In this
matter, Appellants included only a partial transcript of the proceedings. Without the entire
transcript reflecting all of the testimony considered by the trial court, this Court cannot determine
whether the trial court’s determination is against the manifest weight of the evidence.
{¶6} Because the record is incomplete, this Court must presume that the trial court did
not abuse its discretion when it found it was in the best interest of the children to be placed in the
legal custody of the maternal aunt. Appellants’ sole assignment of error is overruled.
III
{¶7} Appellants’ assignment of error is overruled. The judgment of the Summit
County Court of Common Pleas, Juvenile Division, is affirmed.
Judgment affirmed.
There were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common
Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy
of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of
judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the
period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is
instructed to mail a notice of entry of this judgment to the parties and to make a notation of the
mailing in the docket, pursuant to App.R. 30.
4
Costs taxed to Appellant.
BETH WHITMORE
FOR THE COURT
MOORE, J.
BELFANCE, J.
CONCUR
APPEARANCES:
KURT WALKER and GINA WALKER, pro se, Appellants.
SHERRI BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY, Assistant
Prosecuting Attorney, for Appellee.
JAMES M. CAMPBELL and JULIET K. FALCONE, Attorneys at Law, for Appellees.