Cleveland, OH asked in Appeals / Appellate Law and Divorce for Ohio

Q: In an Ohio divorce, can a motion for relief from judgement be filed by a party after an appeal by the opposing was filed

Courts made their own journal entry for divorce based on an MOU we filed with the court. Parties were supposed to draft own entry but battled on the language and hidden items. Ex has appealed based on abuse of discretion, changes to agreement. She is battling a contingency clause she specifically agreed to in writing on the MOU. If the appeal is successful, can I file a motion for relief from judgement and rewuest to be sent back to trial?

1 Lawyer Answer
Todd B. Kotler
Todd B. Kotler
  • Estate Planning Lawyer
  • Canton, OH
  • Licensed in Ohio

A: The time to file a relief from judgment would have been before an appeal was filed. Under these facts i do not think such a motion would be successful.

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