Elking v. Elking

2017 Ohio 1292

• Court: Ohio Court of Appeals
• Decided: April 6, 2017
• Docket: 16CA3550
• Status: Published

Opinion

[Cite as Elking v. Elking, 2017-Ohio-1292.]

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT ROSS COUNTY

Donald S. Elking, : Case No. 16CA3550

Plaintiff-Appellee, :

v. : DECISION AND JUDGMENT ENTRY Barbara J. Elking, :

Defendant-Appellant. : ____________________________________________________________________ APPEARANCES:

Aaron M. McHenry, Chillicothe, Ohio for Appellant.

Deborah Douglas Barrington, Chillicothe, Ohio, for Appellee. ______________________________________________________________________ Tyack, J.

{¶1} Barbara J. Elking is appealing from certain provisions in her decree of

divorce. She assigns two errors for our consideration:

I. THE TRIAL COURT FAILED TO IDENTIFY THE PARTIES' DEBT AS MARITAL OR SEPARATE BEFORE DIVIDING IT. II. THE TRIAL COURT FAILED TO PROPERLY ALLOCATE APPELLEE'S MILITARY PENSION. {¶2} Barbara Elking and Donald Elking were married in December 2006.

Divorce proceedings were initiated in 2014. No children were born of the marriage.

Apparently both wanted a divorce. The only points of disagreement involved property

division and allocation of debt.

{¶3} The second assignment of error attacks the allocation of Donald Elking's

military pension. The divorce decree states:

By agreement of the parties, the parties shall equally divide Plaintiff's military pension and Defendant's Public Employee's [sic] Retirement Ross App. No. 16CA3550 2

System acquired during the marriage. The court will reserve jurisdiction to modify the provision. {¶4} This agreement, as sanctioned by the trial court judge in the decree of

divorce, means that the decree of divorce is not a final appealable order. Civ.R. 75(F).

An important issue is not resolved and we, as an appellate court, cannot know when the

issue will be resolved.

{¶5} Since there is no final appealable order, we have no jurisdiction to address

the merits of the assignments of error. Therefore, this appeal must be and is dismissed.

{¶6} The clerk shall serve a copy of this order on all counsel of record and

unrepresented parties at their last known addresses by ordinary mail.

APPEAL DISMISSED.

* Luper Schuster, J. & Brunner, J.: Concur.

FOR THE COURT

_____________________________________ George G. Tyack * Judge

* George G. Tyack, Elizabeth Luper Schuster, and Jennifer L. Brunner, Judges of the Tenth Appellate District, are sitting by assignment of the Supreme Court of Ohio in the Fourth Appellate District.