Messmer v. Messmer
- Clare Messmer, Plaintiff and Appellee
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
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.
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.
(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|
|10||11/19/2019||MOT. EXT/TIME APPELLANT BRIEF|
|11||11/19/2019||ACTION BY CHIEF DEPUTY CLERK - Granted : 12/06/2019|
|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)|
|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|