Bogert v. Bogert

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[Cite as Bogert v. Bogert, 2005-Ohio-2094.] IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY, OHIO JUDITH LEE RONYAK-BOGERT, Plaintiff-Appellee, : MEMORANDUM OPINION : CASE NO. 2005-G-2617 -v- : DONALD H. BOGERT, Defendant-Appellant. : : Civil Appeal from Court of Common Pleas, Case No. 04 D 000091. Judgment: Appeal Dismissed. David E. Lowe, Thrasher, Dinsmore & Dolan, 100 Seventh Avenue, #150, Chardon, OH 44024 (For Plaintiff-Appellee). Daniel D. Wilt, 35000 Chardon Road, #125, Willoughby Hills, OH 44094 (For Defendant-Appellant). DIANE V. GRENDELL, J. {¶1} On February 2, 2005, appellant, Donald H. Bogert, filed a notice of appeal from the Geauga County Court of Common Pleas. In that judgment, the trial court overruled a motion for relief from judgment filed by appellant, and entered judgment in favor of appellee, Judith Lee Ronyak-Bogert, in the sum of $8,649 as arrears for temporary spousal support. To date, a final decree of divorce has not been issued. {¶2} Civ.R. 75(F) provides that until issues of property division, child support, spousal support, and allocation of parental rights and responsibilities have been addressed, there is no final appealable order in a divorce action. The only exception would be when the court includes Civ.R. 54(B) language and either the court lacks jurisdiction to determine such issues or, in a legal separation action, the division of the property of the parties would be inappropriate at that time. {¶3} In the present case, the trial court has yet to issue a final divorce decree, and the only exception set forth in Civ.R. 75(F) is inapplicable. {¶4} Based upon the foregoing analysis, this appeal is hereby sua sponte dismissed for lack of a final appealable order. Appeal dismissed. DONALD R. FORD, P. J., WILLIAM M. O NEILL, J., concur. 2

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