Schell v. Rodriguez , 2021 Ohio 2141 ( 2021 )


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  • [Cite as Schell v. Rodriguez, 
    2021-Ohio-2141
    .]
    IN THE COURT OF APPEALS OF OHIO
    SIXTH APPELLATE DISTRICT
    HURON COUNTY
    Logan Schell                                         Court of Appeals No. H-20-022
    Appellee                                     Trial Court No. CVI 2019 00037
    v.
    Melanie Rodriguez                                    DECISION AND JUDGMENT
    Appellant                                    Decided: June 25, 2021
    *****
    Michael B. Jackson, for appellee
    Kenneth A. Nelson, for appellant.
    *****
    MAYLE, J.
    {¶ 1} Appellant, Melanie Rodriguez, appeals the October 3, 2019 judgment of the
    Huron County Court of Common Pleas Court, Juvenile Division, denying transfer of
    venue from Huron County to Lorain County, Ohio. For the following reasons, we affirm
    the judgment of the trial court.
    Factual & Procedural Background
    {¶ 2} Rodriguez and Logan Schell are unmarried and have one child together,
    A.S., born on October, 5, 2014. Schell is a resident of Huron County, Ohio. Rodriguez is
    a resident of Lorain County, Ohio. On March 15, 2019, Schell filed a Complaint for
    Custody in the Huron County Common Pleas Court, Juvenile Division. Schell attached a
    certified copy of A.S.’s birth certificate to his complaint, which lists Schell as the father
    of A.S. Rodriguez has not contested Schell’s paternity. On April 23, 2019, Rodriguez
    filed a motion to transfer venue from Huron County to Lorain County.
    {¶ 3} On May 29, 2019, the magistrate held an evidentiary hearing on the issue of
    venue, and ordered both parties to submit a memorandum of law. During this hearing,
    Rodriguez and Schell both testified about the circumstances relating to their initial
    shared-parenting agreement. Although the parties had executed a shared-parenting
    agreement, they never filed it with the court.
    {¶ 4} Schell testified that the agreement was made in anticipation of Rodriguez
    moving out. That is, he drafted the shared-parenting agreement after the couple separated,
    but while they were still living together. He said that the sole purpose of the agreement
    was to establish Schell as the residential parent so that A.S. could attend school and
    receive medical care in Huron County. Schell believed that the parties could “handle it
    without getting courts involved,” but he decided to pursue judicial action when he learned
    that Rodriguez was going to withhold A.S.’s start date for pre-school. The parties
    2.
    privately finalized the agreement on April 6, 2019. In May of 2019, Rodriguez and A.S.
    relocated to Lorain County.
    {¶ 5} A.S. is not the subject of any pending custody related disputes or
    proceeding in another county. Schell concurred that A.S. spent equal time with both
    parents, but stated “circumstances led her to live with me more than with her
    [Rodriguez].”
    {¶ 6} On June 25, 2019, the magistrate found that either Huron or Lorain
    County’s Juvenile Court would be an appropriate venue, and denied Rodriguez’s motion
    to transfer venue to Lorain County. Rodriguez filed objections to the magistrate’s
    decision. On October 3, 2019, the trial court overruled Rodriguez’s objections and
    adopted the magistrate’s decision. Rodriguez then appealed to this court. We dismissed
    Rodriguez’s appeal of the October 3 judgment because it was not a final, appealable
    order.
    {¶ 7} The parties then entered into a co-parenting agreement pursuant to the local
    rules of the Huron County Juvenile Court. This agreement was signed by the parties and
    accepted by the magistrate and the GAL as being in the best interests of A.S. On October
    15, 2020, the trial court adopted the magistrate’s decision, which adopted the parties’
    agreed upon parenting agreement. Rodriguez timely filed a notice of appeal on
    November 12, 2020.
    3.
    Analysis
    {¶ 8} Rodriguez asserts the following Assignment of Error on appeal:
    The trial court abused its discretion by not transferring the venue
    from Huron to Lorain County as that is the county in which the minor child,
    A.S., resides with her mother, Rodriguez.
    1. By voluntarily entering into the co-parenting agreement,
    Rodriguez has waived her challenge to venue.
    {¶ 9} Rodriguez is attempting to challenge the trial court’s June 25, 2019
    decision that overruled her motion to transfer venue from Huron County to Lorain
    County—even though she voluntarily signed a co-parenting agreement in Huron County
    after the court’s June 25 ruling regarding venue. Schell argues that Rodriguez waived the
    ability to challenge venue when she entered that co-parenting agreement. We agree.
    {¶ 10} Once a party enters into a settlement or consent agreement, the party waives
    its right to seek judicial resolution of that controversy. See Murray v. Murray, 6th Dist.
    Lucas No. L-09-1305, 
    2011-Ohio-1546
    , ¶ 21, citing Green v. Clair, 9th Dist. Summit No.
    20271 (Feb. 14, 2001) (A settlement agreement eliminates the necessity of judicial
    resolution of a controversy as the parties reached a compromise regarding their respective
    rights and obligations.) Liebold v. Hiddens, 2d Dist. Montgomery No. 21487, 2007-
    Ohio-2972, ¶ 30 (any arguments advanced by appellant were waived by entering into the
    consent agreement). See also Stephanie K. v. Matthew W., 
    133 N.E.3d 1025
    , 2019-Ohio-
    1101 (5th Dist.) (Mother was judicially estopped from arguing the county in which the
    4.
    father filed a second proceeding was an improper venue, where mother submitted to an
    agreed temporary order for child support and father’s parenting time in the first
    proceeding).
    {¶ 11} Here, Rodriguez voluntarily entered into a co-parenting agreement pursuant
    to the local rules of the Huron County Juvenile Court. Now, she is essentially trying to
    undo and vacate that parenting agreement by arguing that the Huron County Juvenile
    Court was an improper venue for this dispute. Under the authority of the above-
    referenced cases, we conclude that Rodriguez waived her ability to challenge venue when
    she voluntarily entered into the co-parenting agreement in Huron County. We therefore
    find her sole assignment of error not well-taken.
    Conclusion
    {¶ 12} Rodriguez waived her ability to challenge venue when she voluntarily
    entered into a co-parenting agreement in the Huron County Court of Common Pleas,
    Juvenile Division. Thus, her assignment of error is not well-taken. The trial court
    judgment is affirmed. The costs of this appeal are assessed to appellant pursuant to
    App.R. 24.
    Judgment affirmed.
    5.
    H-20-022
    Schell v. Rodriguez
    A certified copy of this entry shall constitute the mandate pursuant to App.R. 27.
    See also 6th Dist.Loc.App.R. 4.
    Thomas J. Osowik, J.                           _______________________________
    JUDGE
    Christine E. Mayle, J.
    _______________________________
    Myron C. Duhart, J.                                        JUDGE
    CONCUR.
    _______________________________
    JUDGE
    This decision is subject to further editing by the Supreme Court of
    Ohio’s Reporter of Decisions. Parties interested in viewing the final reported
    version are advised to visit the Ohio Supreme Court’s web site at:
    http://www.supremecourt.ohio.gov/ROD/docs/.
    6.
    

Document Info

Docket Number: H-20-022

Citation Numbers: 2021 Ohio 2141

Judges: Mayle

Filed Date: 6/25/2021

Precedential Status: Precedential

Modified Date: 6/25/2021