Perry v. Perry

Annotate this Case

Download PDF

[Cite as Perry v. Perry, 2011-Ohio-3514.] COURT OF APPEALS LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT ANGELA PERRY Plaintiff-Appellant -vsDOUG PERRY Defendant-Appellee : : : : : : : : : JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Julie A. Edwards, J. Case No. 2011-CA-00003 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 7538 Slate Ridge Blvd. Reynoldsburg, OH 43068 BRIAN C. BURRIER 400 South Fifth Street, Ste. 302 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 PLAINTIFFAPPELLANT 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 -vsDOUG PERRY Defendant-Appellee : : : : : : : : : : : JUDGMENT ENTRY 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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.