Faverty v. Faverty
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[Cite as Faverty v. Faverty, 2002-Ohio-1747.] STATE OF OHIO COUNTY OF SUMMIT ) )ss: ) VINCENT FAVERTY IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT C.A. No. 20781 Appellant v. MARCENE FAVERTY Appellee APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. 2000-07-7022 DECISION AND JOURNAL ENTRY Dated: April 17, 2002 This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: SLABY, Presiding Judge. Appellant, Vincent Faverty, appeals from the judgment of the Summit County Court of Common Pleas, Domestic Relations Division, that entered a judgment of divorce. We reverse. On July 25, 2000, Appellant filed a complaint for divorce against Appellee, Marcene Faverty. Appellee answered and filed a counterclaim for divorce. Subsequently, on August 14, 2001, the trial court dismissed the case due to 2 counsel s failure to file a final judgment entry. In response to the trial court s dismissal, Appellee moved to reinstate the case.1 On September 5, 2001, the trial court entered a decree of divorce in favor of Appellee. Appellant timely appeals raising one assignment of error for review. ASSIGNMENT OF ERROR The Summit [C]ounty Domestic Relations Court erred in entering a [j]udgment [e]ntry [d]ecree of [d]ivorce [on] September 5, 2001, after entering a [j]udgment [e]ntry [ ] for [d]ismissal [ ] on August 14, 2001. In his sole assignment of error, Appellant avers that the trial court erred in entering a decree of divorce following its dismissal of the case. We agree. In the present case, the trial court dismissed the cause of action on August 14, 2001. Thereafter, on September 5, 2001, the trial court entered the decree of divorce. When a trial court dismisses an action, it no longer retains jurisdiction and, therefore, loses the authority to proceed in the action. State ex rel. Rice v. McGrath (1991), 62 Ohio St.3d 70, 71. Accordingly, we find that when the trial court dismissed the cause of action, it no longer retained jurisdiction and it lost its authority to enter the decree of divorce. Therefore, Appellant s sole assignment of error is sustained. Appellant s assignment of error is sustained. The judgment of the Summit County Court of Common Pleas, Domestic Relations Division, is reversed. 1 The record indicates that the trial court did not rule on Appellee s motion Court of Appeals of Ohio, Ninth Judicial District 3 Judgment reversed. The Court finds that there were reasonable grounds for this appeal. We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27. Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30. Costs taxed to Appellee. Exceptions. LYNN C. SLABY FOR THE COURT to reinstate the case. Court of Appeals of Ohio, Ninth Judicial District 4 BAIRD, J. BATCHELDER, J. CONCUR APPEARANCES: MICHAEL GRUBER, Attorney at Law, 527 Portage Trail, Cuyahoga Falls, Ohio 44221, for Appellant. CHARLES GRISI, Attorney at Law, 1030 Key Building, 159 South Main St., Akron, OH 44308, for Appellee. Court of Appeals of Ohio, Ninth Judicial District
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