McClain v. McClain

In McClain v. McClain, Champaign App. No. 02CA04, 2002 Ohio 4971, the magistrate filed a decision recommending that the parties be divorced and that their property be divided in accordance with their agreement, but the decision did not address the wife's request for spousal support. The magistrate stated that spousal support would be addressed in a separate decision. The wife filed objections based on the magistrate's failure to grant spousal support and issues related to health insurance coverage. The trial court sustained the wife's objections in part, finding that she was entitled to COBRA coverage, and denied them in part, without specific reference to the issue of spousal support. The court identified its order as a final appealable order, and the wife appealed. The Court reversed the trial court's judgment for reasons unrelated to the filing of the objections. The Court held that a ruling "which merely overrules and/or sustains objections to a magistrate's decision without also adopting it is not a final, appealable order," noting that the trial court had not, in fact, adopted the magistrate's decision. Id. at P19. The Court dismissed the appeal due to the lack of a final appealable order without addressing the timeliness of the objections. The Court stated, however, that on remand, the trial court should "act as promptly as possible to return the matter to its magistrate to enter the decision on the wife's spousal support request that the magistrate indicated he would enter, and to thereafter dispose of any objections to that decision and enter a proper final order. " Id. at P20.