Cullimore v. Cullimore

Citations

• 2022 Ohio 3208

Syllabus

CIVIL-DIVORCE-INCARCERATED PARTY-CIV.R. 59-CIV.R. 60(B) - Appellant's own choices prevented him from meaningful participation in divorce proceedings and trial court did not abuse its discretion in denying Appellant's motion to be physically present at final divorce hearing where affidavit in support of motion was not credible and trial court attempted to accommodate Appellant's request by allowing him to attend by Zoom where Appellant failed to present evidence of value of various items of marital property, Appellant waived right to contest trial court's distribution of marital property trial court did not abuse its discretion in denying Appellant's motion for relief from judgment under Civ.R. 60(B) and in failing to hold a hearing where Appellant's incarceration did not constitute excusable neglect and Appellant did not support motion with allegations of operative fact that he had a meritorious defense trial court did not abuse its discretion in denying Appellant's motion for new trial pursuant to Civ.R. 59(A) where Appellant's incarceration did not constitute an irregularity through no fault of his own and Appellant failed to provide newly discovered evidence in support of his motion.