CourtListener opinion 8207755

Evidence quotes

Clean opinion text

[Cite as Leaf v. Leaf, 2022-Ohio-3301.]

 COURT OF APPEALS
 DELAWARE COUNTY, OHIO
 FIFTH APPELLATE DISTRICT

BRIAN E. LEAF JUDGES:
 Hon. Earle E. Wise, Jr., P. J.
 Plaintiff-Appellee Hon. John W. Wise, J.
 Hon. Craig R. Baldwin, J.
-vs-
 Case No. 22 CAF 03 0016
RHONDA J. LEAF (nka RING)

 Defendant-Appellant OPINION

CHARACTER OF PROCEEDING: Civil Appeal from the Court of Common
 Pleas, Domestic Relations Division, Case
 No. 19 DRA 12 0678

JUDGMENT: Affirmed

DATE OF JUDGMENT ENTRY: September 20, 2022

APPEARANCES:

For Plaintiff-Appellee For Defendant-Appellant

DOUGLAS W. WARNOCK RHONDA J. RING
DOUGLAS W. WARNOCK CO., LPA PRO SE
20 East Central Avenue 2020 Wilson Road
Delaware, Ohio 43015 Sunbury, Ohio 43074
 Delaware County, Case No. 22 CAF 03 0016 2

Wise, John, J.

 {¶1} Defendant-Appellant Rhonda J. Leaf nka Ring appeals the February 14,

2022, decision of the Delaware County Court of Common Pleas wherein the court ruled

on six pending post-decree motions.

 {¶2} Plaintiff-Appellee is Brian E. Leaf.

 STATEMENT OF THE FACTS AND CASE

 {¶3} The relevant facts and procedural history are as follows:

 {¶4} The parties in this matter were married on February 21, 1999.

 {¶5} Two children were born as issue of the marriage: M.L. (DOB December 21,

2001) and H.L. (DOB October 16, 2004).

 {¶6} Plaintiff-Appellee Brian Leaf filed a Complaint for Divorce on December 9,

2019.

 {¶7} An Agreed Judgment Entry-Decree of Divorce was filed herein on June 30,

2021. Said Decree made final orders as to: the allocation of parental rights and

responsibilities for a minor child; the award, amount, term, and payment of spousal

support by Appellee to Appellant; and, the division of all of the parties' property, including

assets and liabilities. The Decree was reviewed and approved by both parties and their

respective attorneys; initialed and signed by Appellee and Appellant; signed by legal

counsel for each of the parties; and, reviewed, approved, signed, and filed by the trial

court. No appeal was taken from the Divorce Decree.

 {¶8} On December 3, 2021, Plaintiff filed a Motion for Contempt and Other Relief

and a Motion to Excuse or Extend Time for Payments and, or, Stay Certain Orders.
 Delaware County, Case No. 22 CAF 03 0016 3

 {¶9} On December 7, 2021, Defendant filed a Motion to Release Attorney and to

Stay Certain Orders.

 {¶10} On January 11, 2022, Plaintiff filed a Motion to Approve Qualified Domestic

Relations Order.

 {¶11} On January 18, 2022, Defendant filed a Motion for Contempt and Other

Relief and a Motion for Completion of Payment Per Divorce Decree (6/30/21) and

Contempt of Court Order.

 {¶12} Hearings were held on these post-decree proceedings on December 13,

2021 and February 2, 2022. At each of these hearings, the trial court heard testimony and

took evidence. Following each of the said hearings, the trial court issued Judgment

Entries.

 {¶13} In the December 21, 2021, Judgment Entry and the February 14, 2022,

Judgment Entry, the trial court set forth what transpired at the December 13, 2021 and

the February 2, 2022 hearings, respectively, and made orders. The February 14, 2022,

Judgment Entry made final orders with respect to the then-pending motions as follows:

 1. Qualified Domestic Relations Order. After further discussion

 and drafting, the parties agreed on the terms and language to be included

 in the qualified domestic relations order (QDRO) called for in section 14.C.

 (on pages 27-28) of the Decree of Divorce. The parties approved the QDRO

 and submitted it to the Court for review and approval. The Court approved

 the QDRO, signed it, and filed it on February 2, 2022.

 2. Timeshare- Hilton Grand Vacation Company; LLC. LV Tower

 52 Vacation Suites, A Vacation Ownership Resort Member Number
 Delaware County, Case No. 22 CAF 03 0016 4

 792701696. The orders and provisions set forth in the Decree of Divorce in

 section 7.D. (on pages 18-19), as the same relate to the said timeshare: are

 clear and unambiguous; shall not be changed; and, shall remain in full force

 and effect as written therein. The evidence showed that the timeshare

 cannot be divided into separate one-bedroom units for each of the parties.

 Therefore, as provided in the Decree of Divorce, the parties shall proceed

 to \sell the timeshare at the best price obtainable