Martin v. Buss

Citations

• 2022 Ohio 3930

Syllabus

The appellate court presumed the regularity of the trial court's issuance of a two-year civil protection order against appellant under R.C. 3113.31. Appellant's sole assignment of error challenged the trial court's findings of fact based on the sufficiency of the evidence. However, appellant failed to provide, in accordance with App.R. 9(B), a transcript of the trial court's hearing on the appellee's petition. Instead, appellant attached an affidavit to his appellate brief but did not comply with App.R. 9(C) in his attempt to use the affidavit as an adequate record of the proceedings. Appellate was therefore unable to point to evidence in an adequate record demonstrating that the trial court erred in granting the civil protection order. Accordingly, the appellate court overruled appellant's sole assignment of error and affirmed the trial court's judgment in granting the civil protection order.