Ho v. Co
Citations
- 2023 Ohio 3698
Syllabus
GUARDIAN AD LITEM – EX PARTE – ABUSE OF DISCRETION – DUE PROCESS – DOMESTIC RELATIONS – PROPERTY DIVISION – ATTORNEY FEES: The trial court did not engage in improper ex parte communications with the guardian ad litem or with counsel where the record reflects that the only identified communications were for administrative purposes. Mother's claims that the guardian ad litem made false statements are without merit where the record does not substantiate her concerns. The trial court did not err in its order of guardian ad litem fees where the court complied with the law and local rules. [But see DISSENT: Trial court should have disapproved the portion of the guardian ad litem fees that were block-billed and should have considered mother's ability to pay under Sup.R. 48.02(H) and overall fairness under Local Rule 10.5 and Jud.Cond.R. 2.13(C) before awarding additional fees.] The trial court did not abuse its discretion in dividing the parties' property where mother did not identify any assets that were omitted from the court order and our review of the record also did not indicate any deficiencies. The trial court did not err in striking certain matters from the record without holding a hearing on them where the applicable statutes did not require hearings and mother cannot establish that she requested hearings or that she was prejudiced by the absence of hearings. The trial court improperly used its contempt powers to enforce mother's payment of guardian ad litem fees.
Judges: Bergeron
Read full opinion on CourtListenerCited by
4 cases in this archive cite this case.
Cites
13 cases in this archive are cited by this case.
- Strattman v. StudtOhio Supreme Court· 1969-12-17· cited 100×
- In Re A.G.Ohio Supreme Court· 2014-06-19· cited 90×
- State ex rel. Citizens for Open, Responsive & Accountable Government v. RegisterOhio Supreme Court· 2007-10-24· cited 60×
- State ex rel. Harris v. RubinoOhio Supreme Court· 2018-12-20· cited 42×
- Fontain v. SandhuOhio Court of Appeals· 2021-08-11· cited 24×
- State v. WilsonOhio Court of Appeals· 2020-05-15· cited 21×
- Sparks v. SparksOhio Court of Appeals· 2016-05-09· cited 14×
- Smoyer v. SmoyerOhio Court of Appeals· 2019-08-27· cited 13×
- Kaplan v. Tuennerman-KaplanOhio Court of Appeals· 2012-01-30· cited 8×
- Swanson v. SchoonoverOhio Court of Appeals· 2011-05-12· cited 7×
- In re T.D.J.Ohio Court of Appeals· 2014-12-24· cited 6×
- Dyer v. GomezOhio Court of Appeals· 2022-03-31· cited 5×
- Pappas v. BasileOhio Court of Appeals· 2014-11-26· cited 4×
Other cases named Ho v. Co
3 other CourtListener records share this case name.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.