[Cite as Jeffries v. Jeffries, 2013-Ohio-2006.]
COURT OF APPEALS KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT
JENNIFER JEFFRIES NKA WILE JUDGES: Hon. W. Scott Gwin, P.J. Plaintiff-Appellant Hon. William B. Hoffman, J. Hon. Craig R. Baldwin, J. -vs- Case No. 13CA2 KASMER JEFFRIES, III
Defendant-Appellee OPINION
CHARACTER OF PROCEEDING: Appeal from the Knox County Court of Common Pleas, Case 05 DK 09-0209
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: May 13, 2013
APPEARANCES:
For Defendant-Appellee For Plaintiff-Appellant
AMY M. MOORE GEORGE C. GEORGEFF 111 S. Mulberry Street 261 S. Hamilton Road Mt. Vernon, Ohio 43050 Columbus, Ohio 43213 Knox County, Case No. 13CA2 2
Hoffman, J.
{¶1} Plaintiff-appellant Jennifer Jeffries, nka Wile, (“Wife”) appeals the January
2, 2013 Judgment Entry entered by the Knox County Court of Common Pleas, which
found her in contempt. Defendant-appellee is Kasmer Jeffries III (“Husband”).
STATEMENT OF THE FACTS AND CASE
{¶2} Husband and Wife were married on October 14, 2000, in Fairfield County,
Ohio. One child was born as issue of said union, BKJ (DOB 7/2/02). On September 29,
2005, the parties filed a Petition for Dissolution of Marriage in the Knox County Court of
Common Pleas. The parties submitted a Separation Agreement and Shared Parenting
Plan with their petition.
{¶3} The trial court issued a Decree of Dissolution on November 15, 2005. The
trial court approved and incorporated the parties’ Separation Agreement into the
Decree. On the same date, the trial court issued a Shared Parenting Decree, which
incorporated the parties’ proposed Shared Parenting Plan.
{¶4} Both parties subsequently filed respective motions to terminate the shared
parenting plan and to be named custodial parent. In addition, the parties filed cross
motions for contempt. Via Motion Hearing Assignment, a final hearing on all pending
motions was scheduled for July 25, 2012. The Assignment indicates copies were sent to
Amy M. Moore, counsel for Husband, with the word “BOX” hand written next to the
name; and to George C. Georgeff and Christopher W. Zuercher, Wife’s attorneys, with
the term “r/mail” hand written next to the names.
{¶5} The hearing proceeded as scheduled with both parties present. Via
Agreed Judgment Entry filed July 26, 2012, the trial court terminated the shared Knox County, Case No. 13CA2 3
parenting plan and named Wife the sole residential and custodial parent of the minor
child. Therein, trial court also addressed parenting time and visitation.
{¶6} Husband filed a motion to show cause on September 19, 2012, asking the
trial court to find Wife in contempt for failing to allow him to exercise his parenting time
over the Labor Day weekend. Via Order filed October 17, 2012, the trial court
scheduled a show cause hearing for November 16, 2012. At the bottom of the Order,
the handwritten “CC:”indicates copies were sent to “Amy Moore, Esq.” with the letters
“bx” next to the name; and to George Georgeff, Esq.” and “Jennifer Jeffries (nka
Wiles)”, with the letters “RM” next to the names. Wife executed a waiver of service of
summons on October 19, 2012, acknowledging she had received a copy of Husband’s
motion and waived service of summons and voluntarily entered an appearance.
{¶7} The trial court conducted the hearing on the scheduled date, however,
neither Wife nor her attorney appeared. Via Judgment Entry filed January 2, 2013, the
trial court found Wife in contempt. The trial court sentenced Wife to ten days in the
Knox County Jail, but provided her with an opportunity to purge the contempt. The trial
court ordered Wife to pay Husband’s attorney fees plus court costs. On January 9,
2013, Wife filed a motion to stay proceedings and requested the trial court conduct
another show cause hearing. The trial court denied Wife’s request. Wife filed a Notice
of Appeal on January 24, 2013.
{¶8} It is from the January 2, 2013 Judgment Entry, Wife appeals raising as her
sole assignment of error: Knox County, Case No. 13CA2 4
{¶9} “I. THE COURT ABUSED ITS DISCRETION IN MAKING A FINDING OF
CONTEMPT AGAINST JENNIFER JEFFRIES-WILE IN FAILING TO GIVE
STATUTORILY REQUIRED NOTICES MANDATED BY O.R.C. 2705.031(C).”
{¶10} This case comes to us on the accelerated calendar. App. R. 11. 1, which
governs accelerated calendar cases, provides, in pertinent part:
{¶11} (E) Determination and judgment on appeal. The appeal will be determined
as provided by App. R. 11.1. It shall be sufficient compliance with App. R. 12(A) for the
statement of the reason for the court's decision as to each error to be in brief and
conclusionary form. The decision may be by judgment entry in which case it will not be
published in any form.
{¶12} One of the important purposes of the accelerated calendar is to enable an
appellate court to render a brief and conclusionary decision more quickly than in a case
on the regular calendar where the briefs, facts and legal issues are more complicated.
Crawford v. Eastland Shopping Mall Assn., 11 Ohio App.3d 158, 463 N.E.2d 655 (10th
Dist.1983).
I
{¶13} R.C. 2705.031(C) sets forth the notice requirements in contempt matters
and provides:
In any contempt action initiated pursuant to division (B) of this
section, the accused shall appear upon the summons and order to appear
that is issued by the court. The summons shall include all of the following:
(1) Notice that failure to appear may result in the issuance of an
order of arrest, and in cases involving alleged failure to pay support, the Knox County, Case No. 13CA2 5
issuance of an order for the payment of support by withholding an amount
from the personal earnings of the accused or by withholding or deducting
an amount from some other asset of the accused;
(2) Notice that the accused has a right to counsel, and that if
indigent, the accused must apply for a public defender or court appointed
counsel within three business days after receipt of the summons;
(3) Notice that the court may refuse to grant a continuance at the
time of the hearing for the purpose of the accused obtaining counsel, if the
accused fails to make a good faith effort to retain counsel or to obtain a
public defender;
(4) Notice of the potential penalties that could be imposed upon the
accused, if the accused is found guilty of contempt for failure to pay
support or for a failure to comply with, or an interference with, a parenting
time or visitation order or decree.
{¶14} The failure of the trial court to follow the mandate of the procedural statute
is prejudicial error. In re Yeauger (1992), 83 Ohio App.3d 493, 498–499, 615 N.E.2d
289. When the legislature mandates specific notice requirements, the courts are
required to substantially comply with the statute. Id. at 498–499.
{¶15} Wife contends the trial court did not provide her with the appropriate notice
as required by R.C. 2705.031(C). We find the record does not affirmatively
demonstrate Wife did not receive notice of the show cause hearing. In fact, the record
affirmatively shows otherwise. As set forth in our Statement of the Facts and Case, an
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[Cite as Jeffries v. Jeffries, 2013-Ohio-2006.]
COURT OF APPEALS KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT
JENNIFER JEFFRIES NKA WILE JUDGES: Hon. W. Scott Gwin, P.J. Plaintiff-Appellant Hon. William B. Hoffman, J. Hon. Craig R. Baldwin, J. -vs- Case No. 13CA2 KASMER JEFFRIES, III
Defendant-Appellee OPINION
CHARACTER OF PROCEEDING: Appeal from the Knox County Court of Common Pleas, Case 05 DK 09-0209
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: May 13, 2013
APPEARANCES:
For Defendant-Appellee For Plaintiff-Appellant
AMY M. MOORE GEORGE C. GEORGEFF 111 S. Mulberry Street 261 S. Hamilton Road Mt. Vernon, Ohio 43050 Columbus, Ohio 43213 Knox County, Case No. 13CA2 2
Hoffman, J.
{¶1} Plaintiff-appellant Jennifer Jeffries, nka Wile, (“Wife”) appeals the January
2, 2013 Judgment Entry entered by the Knox County Court of Common Pleas, which
found her in contempt. Defendant-appellee is Kasmer Jeffries III (“Husband”).
STATEMENT OF THE FACTS AND CASE
{¶2} Husband and Wife were married on October 14, 2000, in Fairfield County,
Ohio. One child was born as issue of said union, BKJ (DOB 7/2/02). On September 29,
2005, the parties filed a Petition for Dissolution of Marriage in the Knox County Court of
Common Pleas. The parties submitted a Separation Agreement and Shared Parenting
Plan with their petition.
{¶3} The trial court issued a Decree of Dissolution on November 15, 2005. The
trial court approved and incorporated the parties’ Separation Agreement into the
Decree. On the same date, the trial court issued a Shared Parenting Decree, which
incorporated the parties’ proposed Shared Parenting Plan.
{¶4} Both parties subsequently filed respective motions to terminate the shared
parenting plan and to be named custodial parent. In addition, the parties filed cross
motions for contempt. Via Motion Hearing Assignment, a final hearing on all pending
motions was scheduled for July 25, 2012. The Assignment indicates copies were sent to
Amy M. Moore, counsel for Husband, with the word “BOX” hand written next to the
name; and to George C. Georgeff and Christopher W. Zuercher, Wife’s attorneys, with
the term “r/mail” hand written next to the names.
{¶5} The hearing proceeded as scheduled with both parties present. Via
Agreed Judgment Entry filed July 26, 2012, the trial court terminated the shared Knox County, Case No. 13CA2 3
parenting plan and named Wife the sole residential and custodial parent of the minor
child. Therein, trial court also addressed parenting time and visitation.
{¶6} Husband filed a motion to show cause on September 19, 2012, asking the
trial court to find Wife in contempt for failing to allow him to exercise his parenting time
over the Labor Day weekend. Via Order filed October 17, 2012, the trial court
scheduled a show cause hearing for November 16, 2012. At the bottom of the Order,
the handwritten “CC:”indicates copies were sent to “Amy Moore, Esq.” with the letters
“bx” next to the name; and to George Georgeff, Esq.” and “Jennifer Jeffries (nka
Wiles)”, with the letters “RM” next to the names. Wife executed a waiver of service of
summons on October 19, 2012, acknowledging she had received a copy of Husband’s
motion and waived service of summons and voluntarily entered an appearance.
{¶7} The trial court conducted the hearing on the scheduled date, however,
neither Wife nor her attorney appeared. Via Judgment Entry filed January 2, 2013, the
trial court found Wife in contempt. The trial court sentenced Wife to ten days in the
Knox County Jail, but provided her with an opportunity to purge the contempt. The trial
court ordered Wife to pay Husband’s attorney fees plus court costs. On January 9,
2013, Wife filed a motion to stay proceedings and requested the trial court conduct
another show cause hearing. The trial court denied Wife’s request. Wife filed a Notice
of Appeal on January 24, 2013.
{¶8} It is from the January 2, 2013 Judgment Entry, Wife appeals raising as her
sole assignment of error: Knox County, Case No. 13CA2 4
{¶9} “I. THE COURT ABUSED ITS DISCRETION IN MAKING A FINDING OF
CONTEMPT AGAINST JENNIFER JEFFRIES-WILE IN FAILING TO GIVE
STATUTORILY REQUIRED NOTICES MANDATED BY O.R.C. 2705.031(C).”
{¶10} This case comes to us on the accelerated calendar. App. R. 11. 1, which
governs accelerated calendar cases, provides, in pertinent part:
{¶11} (E) Determination and judgment on appeal. The appeal will be determined
as provided by App. R. 11.1. It shall be sufficient compliance with App. R. 12(A) for the
statement of the reason for the court's decision as to each error to be in brief and
conclusionary form. The decision may be by judgment entry in which case it will not be
published in any form.
{¶12} One of the important purposes of the accelerated calendar is to enable an
appellate court to render a brief and conclusionary decision more quickly than in a case
on the regular calendar where the briefs, facts and legal issues are more complicated.
Crawford v. Eastland Shopping Mall Assn., 11 Ohio App.3d 158, 463 N.E.2d 655 (10th
Dist.1983).
I
{¶13} R.C. 2705.031(C) sets forth the notice requirements in contempt matters
and provides:
In any contempt action initiated pursuant to division (B) of this
section, the accused shall appear upon the summons and order to appear
that is issued by the court. The summons shall include all of the following:
(1) Notice that failure to appear may result in the issuance of an
order of arrest, and in cases involving alleged failure to pay support, the Knox County, Case No. 13CA2 5
issuance of an order for the payment of support by withholding an amount
from the personal earnings of the accused or by withholding or deducting
an amount from some other asset of the accused;
(2) Notice that the accused has a right to counsel, and that if
indigent, the accused must apply for a public defender or court appointed
counsel within three business days after receipt of the summons;
(3) Notice that the court may refuse to grant a continuance at the
time of the hearing for the purpose of the accused obtaining counsel, if the
accused fails to make a good faith effort to retain counsel or to obtain a
public defender;
(4) Notice of the potential penalties that could be imposed upon the
accused, if the accused is found guilty of contempt for failure to pay
support or for a failure to comply with, or an interference with, a parenting
time or visitation order or decree.
{¶14} The failure of the trial court to follow the mandate of the procedural statute
is prejudicial error. In re Yeauger (1992), 83 Ohio App.3d 493, 498–499, 615 N.E.2d
289. When the legislature mandates specific notice requirements, the courts are
required to substantially comply with the statute. Id. at 498–499.
{¶15} Wife contends the trial court did not provide her with the appropriate notice
as required by R.C. 2705.031(C). We find the record does not affirmatively
demonstrate Wife did not receive notice of the show cause hearing. In fact, the record
affirmatively shows otherwise. As set forth in our Statement of the Facts and Case, an
Order was filed on October 17, 2012, scheduling the show cause hearing for November Knox County, Case No. 13CA2 6
16, 2012. At the bottom of the Order , the handwritten “CC:”indicates copies were sent
to “Amy Moore, Esq.” with the letters “bx” next to the name; and to George Georgeff,
Esq.” and “Jennifer Jeffries (nka Wiles)”, with the letters “RM” next to the names. It is
understood the “bx” refers to Attorney Moore’s courthouse mailbox, and “RM” refers to
regular mail. Furthermore, Wife executed a waiver of service of summons on October
19, 2012, acknowledging she had received a copy of Husband’s motion and waived
service of summons and voluntarily entered an appearance. In its January 2, 2013
Judgment Entry, the trial court found the hearing notices mailed to Wife and her
attorney were not returned to the court by the United States Postal Service.
{¶16} Wife’s sole assignment of error is overruled.
By: Hoffman, J.
Gwin, P.J. and
Baldwin, J. concur
s/ William B. Hoffman _________________ HON. WILLIAM B. HOFFMAN
s/ W. Scott Gwin _____________________ HON. W. SCOTT GWIN
s/ Craig R. Baldwin___________________ HON. CRAIG R. BALDWIN Knox County, Case No. 13CA2 7
IN THE COURT OF APPEALS FOR KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT
JENNIFER JEFFRIES NKA WILE : : Plaintiff-Appellant : : -vs- : JUDGMENT ENTRY : KASMER JEFFRIES, III : : Defendant-Appellee : Case No. 13CA2
For the reason stated in our accompanying Opinion, the judgment of the Knox
County Court of Common Pleas is affirmed. Costs to Appellant.
s/ William B. Hoffman _________________ HON. WILLIAM B. HOFFMAN
s/ Craig R. Baldwin ___________________ HON. CRAIG R. BALDWIN