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Messmer v. Messmer

Docket No. 20190243
Oral Argument: Tuesday, January 21, 2020 10:45 AM

Docket Info

Title
Clare Messmer, Plaintiff and Appellee
v.
Robert Messmer, Defendant and Appellant
Case Type
CIVIL APPEAL : DIVORCE/PROPERTY DIV./ALIMONY
Appeal From
Case No. 2016-DM-00124
Southwest Judicial District, Stark County
Rhonda Rae Ehlis

Parties' Statement of Issues

  • Appellant

    1. Whether the Court erred in its distribution of the marital property, including the equalization payments ordered.
    2. Whether the Court erred in refusing to allocate mineral interests on an equal percentage in awarding mineral interests to the respective parties, when there was insufficient evidence to value the minerals to assure the total value and income producing ability of the marital property is accounted for and equitably distributed.
    3. Whether the Court erred in determining the two land parcels from Robert’s mother were a completed gift as of 2012 or in the alternative whether the Court erred in determining the two land parcels from Robert’s mother are to be valued as fee simple interests, rather than as remainder interests.
    4. Whether the Court erred in denying an award of spousal support to Robert.
    5. Whether the Court erred in denying an award of attorney’s fees to Robert.


Summary

Robert Messmer appeals from a district court’s order for a new divorce trial and an amended judgment.

After holding a trial, the district court entered a judgment distributing the parties’ property. Robert Messmer then moved for a new trial, which the district court granted based on newly discovered evidence. The district court held a second trial and entered an amended judgment redistributing the parties’ property.

On appeal, Robert Messmer argues the district court erroneously valued and distributed the parties’ property.


Briefs

Filing Date Description
12/06/2019 APPELLANT BRIEF View
12/13/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE PRIVATE PRACTICE Dennis William Lindquist - 04918
APPELLEE PRIVATE PRACTICE Thomas F. Murtha - 06984
APPELLANT PRIVATE PRACTICE Jennifer M. Gooss - 07971

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 08/11/2019 NOTICE OF APPEAL : 08/11/2019
2 08/11/2019 ORDER FOR TRANSCRIPT : 08/14/2019
3 08/14/2019 Rec'd $125.00 filing fee (receipt #27338)
4 08/14/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 08/14/2019 Notice served on Jennifer M. Gooss and Dennis W. Lindquist
6 09/09/2019 ELEC. RECORD ON APPEAL DATED SEPTEMBER 6, 2019 (ENTRY NOS. 1-341)
7 09/26/2019 ELEC. RECORD ON APPEAL DATED SEPTEMBER 25, 2019 (ENTRY NOS. 1-115, 117-342)
8 10/13/2019 ELECTRONIC TRANSCRIPT DATED APRIL 12, 2019
9 10/13/2019 C.O.S.
10 11/19/2019 MOT. EXT/TIME APPELLANT BRIEF
11 11/19/2019 ACTION BY CHIEF DEPUTY CLERK - Granted : 12/06/2019
12 12/06/2019 APPELLANT BRIEF View
13 12/06/2019 APPELLANT APPENDIX
14 12/06/2019 Oral Argument Request by Appellant
15 12/11/2019 Rec'd 6 copies of ATB & ATA from Central Duplicating
16 12/13/2019 Rec'd $47 for ATA (page limit)
17 12/13/2019 APPELLEE BRIEF View
18 12/13/2019 APPELLEE APPENDIX
19 12/16/2019 MOTION - Appellee's Motion to Strike, Brief in Support and Request for Sanctions and Attnys. Fees - RspDue : 01/03/2020
20 12/19/2019 Rec'd non-substantive corrections for AEB with COS
21 12/20/2019 NOTICE OF ORAL ARGUMENT SENT
22 12/20/2019 Rec'd 6 copies of AEB and AEA from Central Duplicating
23 01/03/2020 Response Filed to Appellee's Motion to Strike and countermotion to supplement record
24 01/09/2020 ACTION BY SUPREME COURT (motion to strike) - Denied
25 01/09/2020 ACTION BY SUPREME COURT (motion to supplement) - Granted
26 01/12/2020 ELECTRONIC TRANSCRIPT DATED MAY 7, 2018
27 01/12/2020 Certificate of Service for Transcript
28 01/14/2020 REDACTION KEY FOR ELECTRONIC TRANSCRIPT DATED MAY 7, 2018