[Cite as Negron v. Santini, 2020-Ohio-5458.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
WARREN COUNTY
NORA I. NEGRON, :
Appellant, : CASE NO. CA2020-03-021
: OPINION - vs - 11/30/2020 :
RAMON A. SANTINI, :
Appellee. :
APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS DOMESTIC RELATIONS DIVISION Case No. 12DR35493
John E. Sharts, P.O. Box 350, Springboro, Ohio 45066, for appellant
Patricia N. Campbell, 90 E. Franklin Street, Bellbrook, Ohio 45305, for appellee
RINGLAND, J.
{¶1} Appellant, Nora Negron, appeals from the decision of the Warren County
Court of Common Pleas, Domestic Relations Division, denying her renewed motion to
dismiss a motion for recoupment of overpaid retirement funds, following her divorce from
appellee, Ramon Santini. For the reasons detailed below, we affirm.
{¶2} At issue is the division of the parties' retirement, 401K plan accounts. Warren CA2020-03-021
Pursuant to the terms of the divorce decree and separation agreement, the parties were to
divide equally the marital portion of their accounts, defined as the period between May 18,
1996 and December 31, 2011. The separation agreement provided that the court "shall
retain jurisdiction over the division of the retirement accounts to effectuate the parties [sic]
intent in dividing the 401(K)s."
{¶3} Ramon filed a Qualified Domestic Relations Order ("QDRO") to divide his
401K plan with the dates specified in the divorce decree. However, the Plan Administrator
rejected the QDRO on the basis that a date of August 20, 2013 must be used to divide the
plan because the Plan Administrator had no records of account balances prior to that date
since it was not the Plan Administrator until that date.
{¶4} Ramon filed an amended QDRO specifying the August 20, 2013 date. The
Plan Administrator approved the plan and divided the account pursuant to the dates in the
amended QDRO. However, due to additional contributions made by Ramon following the
agreed upon termination date of the marriage, Nora received more than one-half of the
marital share of Ramon's 401K plan as provided in the separation agreement and divorce
decree.
{¶5} Because of this overpayment, Ramon moved to vacate the amended QDRO.
At the hearing, the parties agreed to execute a second amended QDRO specifying that
Nora was to receive a specific dollar amount of $43,985.65 from Ramon's 401K plan.
{¶6} The Plan Administrator rejected the second amended QDRO. The Plan
Administrator maintained that the second amended QDRO could not be processed because
the first amended QDRO segregated Ramon's account and, once segregated, the Plan
Administrator could not recoup the funds relegated to Nora.
{¶7} On October 12, 2018, Ramon filed a motion for recoupment of overpaid
retirement funds. Nora responded by filing a motion to dismiss Ramon's motion for
-2- Warren CA2020-03-021
recoupment. During the April 3, 2019 hearing, the parties reached an agreement resolving
both motions. The agreement was memorialized in an agreed entry and signed by both
parties and their respective attorneys. The agreed entry stated:
[T]he parties reached the following agreement, which resolves both motions. The parties agree that [Nora] received $19,912.40 more than she should have from [Ramon's] RELX Inc. (fka Reed Elsevier) retirement account. Therefore [Ramon's] counsel shall prepare the documents necessary to transfer the $19,912.40 by way of a Qualified Domestic Relations Order (QDRO) from [Nora's] account into an account in [Ramon's] name. This shall NOT include gains and/or losses.
{¶8} Despite the agreed entry, on July 18, 2019, Nora filed a renewed motion to
dismiss Ramon's motion for recoupment. The trial court held a hearing on August 5, 2019.
Following the hearing, the magistrate issued a written decision overruling Nora's renewed
motion and ordered that she comply with the terms of the agreed entry by immediately
transferring $19,912.40 to another retirement account to which a QDRO could issue or, in
the alternative, pay Ramon the agreed upon funds in cash. Nora objected to the
magistrate's decision, which the trial court then overruled. Nora now appeals, raising three
assignments of error for review.
{¶9} Assignment of Error No. 1:
{¶10} THE TRIAL COURT ERRED TO THE PREJUDICE OF
PLAINTIFF/APPELLANT BY EXERCISING JURISDICTION TO RELIEVE
DEFENDANT/APPELLEE FROM CONSEQUENCES OF HIS INVITED ERRORS.
{¶11} Assignment of Error No. 2:
{¶12} THE TRIAL COURT ERRED TO THE PREJUDICE OF
PLAINTIFF/APPELLANT BY EXERCISING JURISDICTION ON BEHALF OF
DEFENDANT/APPELLEE WITHOUT APPLICATION OF CIV.R. 60(B) PROCEDURE.
{¶13} Assignment of Error No. 3:
-3- Warren CA2020-03-021
{¶14} THE TRIAL COURT ERRED TO THE PREJUDICE OF
PLAINTIFF/APPELLANT BY AFFIRMING THE MAGISTRATE'S DECISION OF AUGUST
21, 2019, BY ITS ENTRY OF FEBRUARY 25, 2020.
{¶15} We will address Nora's assignments of error together. Despite the agreed
entry, Nora argues that the trial court erred by overruling her objections to the magistrate's
decision and ordering her to repay Ramon the $19,912.40 overpayment as a result of the
first amended QDRO. Nora's arguments are without merit.
{¶16} "Revised Code 3105.171(I) prohibits a trial court from modifying a previous
property division." Veidt v. Cook, 12th Dist. Butler No. CA2003-08-209, 2004-Ohio-3170, ¶
10. "A QDRO, however, is merely an order in aid of execution, and therefore, not subject
to the 'prohibitions imposed with respect to modification of final orders nor the jurisdictional
limitations of R.C. 3105.171(I), so long as the QDRO is not at variance with the decree.'"
Jewett v. Jewett, 12th Dist. Warren No. CA2013-11-110, 2014-Ohio-2343, ¶ 10, quoting
Coterel v. Coterel, 2d Dist. Montgomery No. 20899, 2005-Ohio-5577, ¶ 13. See also Wilson
v. Wilson, 116 Ohio St.3d 268, 2007-Ohio-6056, ¶ 7 (stating a QDRO "implements the
court's decision of how a pension is to be divided incident to divorce or dissolution").
{¶17} Initially, we note that the invited error doctrine does not apply to this case in
the manner in which Nora argues. Under the invited error doctrine, a party will not be
permitted to take advantage of an error which he himself invited or induced the trial court to
make. Poneris v. A & L Painting, L.L.C., 12th Dist. Butler Nos. CA2008-05-133 and
CA2008-06-139, 2009-Ohio-4128, ¶ 41. Here, the parties, namely Ramon, have had
trouble effectuating a QDRO. However, in no way, did Ramon take advantage of an error
he induced the trial court to make. Rather, we agree with the trial court that the issues now
raised by Nora have been resolved in the agreed entry.
{¶18} A judgment entry to which the parties voluntarily agree, or consent is
-4- Warren CA2020-03-021
essentially a contract between the parties. Deutsche Bank Natl. Trust Co. Americas v.
Weber, 12th Dist. Butler No. CA2009-10-264, 2010-Ohio-1630, ¶ 13. As such, the parties
are bound by its terms. Id.
{¶19} Furthermore, this court has held that "'[a] party to a consent decree or other
judgment entered by consent may not appeal unless it explicitly reserves the right to appeal.
The purpose of a consent judgment is to resolve a dispute without further litigation, and so
Free access — add to your briefcase to read the full text and ask questions with AI
[Cite as Negron v. Santini, 2020-Ohio-5458.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
WARREN COUNTY
NORA I. NEGRON, :
Appellant, : CASE NO. CA2020-03-021
: OPINION - vs - 11/30/2020 :
RAMON A. SANTINI, :
Appellee. :
APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS DOMESTIC RELATIONS DIVISION Case No. 12DR35493
John E. Sharts, P.O. Box 350, Springboro, Ohio 45066, for appellant
Patricia N. Campbell, 90 E. Franklin Street, Bellbrook, Ohio 45305, for appellee
RINGLAND, J.
{¶1} Appellant, Nora Negron, appeals from the decision of the Warren County
Court of Common Pleas, Domestic Relations Division, denying her renewed motion to
dismiss a motion for recoupment of overpaid retirement funds, following her divorce from
appellee, Ramon Santini. For the reasons detailed below, we affirm.
{¶2} At issue is the division of the parties' retirement, 401K plan accounts. Warren CA2020-03-021
Pursuant to the terms of the divorce decree and separation agreement, the parties were to
divide equally the marital portion of their accounts, defined as the period between May 18,
1996 and December 31, 2011. The separation agreement provided that the court "shall
retain jurisdiction over the division of the retirement accounts to effectuate the parties [sic]
intent in dividing the 401(K)s."
{¶3} Ramon filed a Qualified Domestic Relations Order ("QDRO") to divide his
401K plan with the dates specified in the divorce decree. However, the Plan Administrator
rejected the QDRO on the basis that a date of August 20, 2013 must be used to divide the
plan because the Plan Administrator had no records of account balances prior to that date
since it was not the Plan Administrator until that date.
{¶4} Ramon filed an amended QDRO specifying the August 20, 2013 date. The
Plan Administrator approved the plan and divided the account pursuant to the dates in the
amended QDRO. However, due to additional contributions made by Ramon following the
agreed upon termination date of the marriage, Nora received more than one-half of the
marital share of Ramon's 401K plan as provided in the separation agreement and divorce
decree.
{¶5} Because of this overpayment, Ramon moved to vacate the amended QDRO.
At the hearing, the parties agreed to execute a second amended QDRO specifying that
Nora was to receive a specific dollar amount of $43,985.65 from Ramon's 401K plan.
{¶6} The Plan Administrator rejected the second amended QDRO. The Plan
Administrator maintained that the second amended QDRO could not be processed because
the first amended QDRO segregated Ramon's account and, once segregated, the Plan
Administrator could not recoup the funds relegated to Nora.
{¶7} On October 12, 2018, Ramon filed a motion for recoupment of overpaid
retirement funds. Nora responded by filing a motion to dismiss Ramon's motion for
-2- Warren CA2020-03-021
recoupment. During the April 3, 2019 hearing, the parties reached an agreement resolving
both motions. The agreement was memorialized in an agreed entry and signed by both
parties and their respective attorneys. The agreed entry stated:
[T]he parties reached the following agreement, which resolves both motions. The parties agree that [Nora] received $19,912.40 more than she should have from [Ramon's] RELX Inc. (fka Reed Elsevier) retirement account. Therefore [Ramon's] counsel shall prepare the documents necessary to transfer the $19,912.40 by way of a Qualified Domestic Relations Order (QDRO) from [Nora's] account into an account in [Ramon's] name. This shall NOT include gains and/or losses.
{¶8} Despite the agreed entry, on July 18, 2019, Nora filed a renewed motion to
dismiss Ramon's motion for recoupment. The trial court held a hearing on August 5, 2019.
Following the hearing, the magistrate issued a written decision overruling Nora's renewed
motion and ordered that she comply with the terms of the agreed entry by immediately
transferring $19,912.40 to another retirement account to which a QDRO could issue or, in
the alternative, pay Ramon the agreed upon funds in cash. Nora objected to the
magistrate's decision, which the trial court then overruled. Nora now appeals, raising three
assignments of error for review.
{¶9} Assignment of Error No. 1:
{¶10} THE TRIAL COURT ERRED TO THE PREJUDICE OF
PLAINTIFF/APPELLANT BY EXERCISING JURISDICTION TO RELIEVE
DEFENDANT/APPELLEE FROM CONSEQUENCES OF HIS INVITED ERRORS.
{¶11} Assignment of Error No. 2:
{¶12} THE TRIAL COURT ERRED TO THE PREJUDICE OF
PLAINTIFF/APPELLANT BY EXERCISING JURISDICTION ON BEHALF OF
DEFENDANT/APPELLEE WITHOUT APPLICATION OF CIV.R. 60(B) PROCEDURE.
{¶13} Assignment of Error No. 3:
-3- Warren CA2020-03-021
{¶14} THE TRIAL COURT ERRED TO THE PREJUDICE OF
PLAINTIFF/APPELLANT BY AFFIRMING THE MAGISTRATE'S DECISION OF AUGUST
21, 2019, BY ITS ENTRY OF FEBRUARY 25, 2020.
{¶15} We will address Nora's assignments of error together. Despite the agreed
entry, Nora argues that the trial court erred by overruling her objections to the magistrate's
decision and ordering her to repay Ramon the $19,912.40 overpayment as a result of the
first amended QDRO. Nora's arguments are without merit.
{¶16} "Revised Code 3105.171(I) prohibits a trial court from modifying a previous
property division." Veidt v. Cook, 12th Dist. Butler No. CA2003-08-209, 2004-Ohio-3170, ¶
10. "A QDRO, however, is merely an order in aid of execution, and therefore, not subject
to the 'prohibitions imposed with respect to modification of final orders nor the jurisdictional
limitations of R.C. 3105.171(I), so long as the QDRO is not at variance with the decree.'"
Jewett v. Jewett, 12th Dist. Warren No. CA2013-11-110, 2014-Ohio-2343, ¶ 10, quoting
Coterel v. Coterel, 2d Dist. Montgomery No. 20899, 2005-Ohio-5577, ¶ 13. See also Wilson
v. Wilson, 116 Ohio St.3d 268, 2007-Ohio-6056, ¶ 7 (stating a QDRO "implements the
court's decision of how a pension is to be divided incident to divorce or dissolution").
{¶17} Initially, we note that the invited error doctrine does not apply to this case in
the manner in which Nora argues. Under the invited error doctrine, a party will not be
permitted to take advantage of an error which he himself invited or induced the trial court to
make. Poneris v. A & L Painting, L.L.C., 12th Dist. Butler Nos. CA2008-05-133 and
CA2008-06-139, 2009-Ohio-4128, ¶ 41. Here, the parties, namely Ramon, have had
trouble effectuating a QDRO. However, in no way, did Ramon take advantage of an error
he induced the trial court to make. Rather, we agree with the trial court that the issues now
raised by Nora have been resolved in the agreed entry.
{¶18} A judgment entry to which the parties voluntarily agree, or consent is
-4- Warren CA2020-03-021
essentially a contract between the parties. Deutsche Bank Natl. Trust Co. Americas v.
Weber, 12th Dist. Butler No. CA2009-10-264, 2010-Ohio-1630, ¶ 13. As such, the parties
are bound by its terms. Id.
{¶19} Furthermore, this court has held that "'[a] party to a consent decree or other
judgment entered by consent may not appeal unless it explicitly reserves the right to appeal.
The purpose of a consent judgment is to resolve a dispute without further litigation, and so
would be defeated or at least impaired by an appeal. The presumption, therefore, is that
the consent operates as a waiver of the right to appeal. It is because the parties should not
be left guessing about the finality and hence efficacy of the settlement that any reservation
of a right to appeal should be explicit.'" Id., quoting Tradesmen Internatl. v. Kahoe, 8th Dist.
Cuyahoga No. 74420, 2000 Ohio App. LEXIS 1062, *7 (March 16, 2000). See also Bromley
v. Hinton & Keith Dev., 9th Dist. Summit No. 20730, 2002-Ohio-1249, ¶ 14 (consent order
conclusive between the parties).
{¶20} In the present case, the agreed entry states that the "parties agree that [Nora]
received $19,912.40 more than she should have from [Ramon's] RELX Inc. (fka Reed
Elsevier) retirement account," which is what gave rise to the need for a second amended
QDRO. Thus, since the QDRO is merely an order in aid of execution, the trial court was
not constrained by R.C. 3105.171(I) in effectuating the parties' agreed entry. The agreed
entry attempted to rectify this overpayment by directing the parties to file a QDRO to transfer
the $19,912.40 from Nora's account to Ramon's account.
{¶21} Despite the agreed entry, Nora and her counsel attempted to undo their
agreement with the filing of the renewed motion to dismiss. However, following review, we
find the trial court did not err by overruling Nora's objections to the magistrate's decision.
As properly found by the trial court, the parties agreed that there had been an overpayment
and the parties' reached a reasonable and proper method of correcting the problem with
-5- Warren CA2020-03-021
the adoption of the agreed entry. The agreed entry did not provide for any reservation of a
right to appeal. In sum, Nora, with her counsel, agreed to the terms of the agreed entry,
which included the signatures of all parties and the Judge. Nora agreed to these terms and
she must now abide by the agreement. Nora's three assignments of error are overruled.
{¶22} Judgment affirmed.
M. POWELL, P.J., and PIPER, J., concur.
-6-