Kennedy v. Kennedy

2023 Ohio 3691

• Court: Ohio Court of Appeals
• Decided: October 10, 2023
• Docket: 2023-G-0024
• Status: Published

Opinion

[Cite as Kennedy v. Kennedy, 2023-Ohio-3691.]

IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT GEAUGA COUNTY

BRIAN KENNEDY, CASE NO. 2023-G-0024

Petitioner-Appellee, Civil Appeal from the - vs - Court of Common Pleas

ALEA R. KENNEDY, Trial Court No. 2022 DK 000080 Respondent-Appellant.

MEMORANDUM OPINION

Decided: October 10, 2023 Judgment: Appeal dismissed

Deanna L. DiPetta and Kathryn E, Meloni, Meyers, Roman, Friedberg & Lewis, 28601 Chagrin Boulevard, Suite 600, Cleveland, OH 44122 (For Petitioner-Appellee).

Alea R. Kennedy, pro se, 4550 East Cherry Creek Drive, S., No. 407, Glendale, CO 80246 (Respondent-Appellant).

John H. Lawson, Prospect Park Building, 4614 Prospect Avenue, Suite 323, Cleveland, OH 44103 (Guardian Ad Litem).

JOHN J. EKLUND, P.J.

{¶1} Appellant, Alea R. Kennedy, filed a pro se appeal in the Geauga County

Court of Common Pleas on August 8, 2023, but no entry was attached to her notice.

{¶2} Appellee, Brian Kennedy, through counsel, filed a motion to dismiss the

appeal indicating that “it is unclear exactly what Appellant is attempting to appeal based

on her Notice of Appeal.” {¶3} The trial court docket reveals that on February 9, 2022, appellee filed a

foreign court decree with the trial court.

{¶4} Pursuant to App.R. 3(D) and Loc.R. 3(C)(2), an appellant is required to

attach to the notice of appeal a copy of the judgment entry being appealed or the appellate

court may dismiss the appeal. Hogya v. Hogya, 11th Dist. Lake No. 2022-L-051, 2022-

Ohio-2465, ¶ 3. Here, appellant did not attach the judgment entry being appealed to her

notice of appeal. However, on her notice of appeal, appellant indicates that she is

appealing from the “trial court Judgment Entry time-stamped 5/17/23-5/18/23 * * *

Standing Orders 22DR000080.” The docket reveals that on May 17, 2023, the trial court

issued a magistrate’s order regarding the appointment of a guardian ad litem. A further

review of the docket does not reveal an entry issued on May 18, 2023, and does not show

any entries that appear to be final and appealable under R.C. 2505.02.

{¶5} Based on the foregoing, appellee’s motion to dismiss is granted, and this

appeal is dismissed.

{¶6} Appeal dismissed.

MATT LYNCH, J.,

EUGENE A. LUCCI, J.,

concur.

Case No. 2023-G-0024