Ross v. Ross

414 N.E.2d 426, 64 Ohio St. 2d 203, 18 Ohio Op. 3d 414, 1980 Ohio LEXIS 866
CourtOhio Supreme Court
DecidedDecember 23, 1980
DocketNo. 80-478
StatusPublished
Cited by205 cases

This text of 414 N.E.2d 426 (Ross v. Ross) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ross v. Ross, 414 N.E.2d 426, 64 Ohio St. 2d 203, 18 Ohio Op. 3d 414, 1980 Ohio LEXIS 866 (Ohio 1980).

Opinion

Per Curiam.

The issue before this court is whether the trial court’s determination that the best interests of the children would be served by a modification of custody was against the manifest weight of the evidence.

This court does not undertake to weigh the evidence and pass upon its sufficiency but will ascertain from the record whether there is some competent evidence to sustain the findings of the trial court. Foster v. Scottish Union & Natl. Ins. Co. (1920), 101 Ohio St. 180, 185; Indemnity Co. v. Bd. of Commrs. (1923), 107 Ohio St. 51, paragraph one of the syllabus; Katz v. American Finance Co. (1925),(112 Ohio St. 24, paragraph two of the syllabus; Maus v. Auglaize Natl. Bank (1932), 125 Ohio St. 32, 35; State, ex rel. Kobelt, v. Baker (1940), 137 Ohio St. 337, 340; and 5 Ohio Jurisprudence 3d 170, 202, Appellate Review, Sections 594, 605, and cases cited therein.

This case is here “for the determination of all questions presented by the record, except the weight of the evidence. Whether there is any evidence to support the verdict and judgment in the common pleas court is a question that must be answered by this court before it can determine whether the [205]*205judgment of affirmance [reversal in this cause] in the court of appeals is erroneous* * *.” (Bracketed material ours.) Iron Co. v. Rook (1915), 93 Ohio St. 152, at pages 156-157.

Additionally, as stated by this court in C. E. Morris Co. v. Foley Construction Co. (1978), 54 Ohio St. 2d 279: “Judgments supported by some competent, credible evidence going to all the essential elements of the case will not be reversed by a reviewing court as being against the manifest weight of the evidence.”

We turn now to a review of the trial judge’s determination and the evidence to support that determination. Judge James M. Drennen, who rendered the initial custody decree, found from the evidence adduced at the modification hearing that the children’s best interests would be served by a modification of custody. Although neither party requested findings of fact or conclusions of law, it is apparent from reading the trial judge’s decision and summation at the modification hearing that he applied the elements, standards and factors of R. C. 3109.04(B) and (C)

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Bluebook (online)
414 N.E.2d 426, 64 Ohio St. 2d 203, 18 Ohio Op. 3d 414, 1980 Ohio LEXIS 866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ross-v-ross-ohio-1980.