Sparks v. Sparks ( 2016 )


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  • [Cite as Sparks v. Sparks, 
    2016-Ohio-2896
    .]
    IN THE COURT OF APPEALS
    TWELFTH APPELLATE DISTRICT OF OHIO
    WARREN COUNTY
    SHAWN ROBERT SPARKS,                                :
    CASE NO. CA2015-10-095
    Plaintiff-Appellee,                         :
    OPINION
    :           5/9/2016
    - vs -
    :
    CHRISTINE COLLEEN SPARKS,                           :
    Defendant-Appellant.                        :
    APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS
    DOMESTIC RELATIONS DIVISION
    Case No. 07DR31588
    John D. Smith, Andrew P. Meier, 140 North Main Street, Suite B, Springboro, Ohio 45066, for
    plaintiff-appellee
    Christine Colleen Sparks, P.O. Box 181642, Fairfield, Ohio 45018-1642, defendant-appellant,
    pro se
    S. POWELL, J.
    {¶ 1} Defendant-appellant, Christine Colleen Sparks ("Mother"), appeals pro se from
    the decision of the Warren County Court of Common Pleas, Domestic Relations Division,
    finding her in contempt and suspending her parenting time with two of her children from her
    marriage to plaintiff-appellee, Shawn Robert Sparks ("Father"). For the reasons outlined
    below, we affirm.
    Warren CA2015-10-095
    {¶ 2} Mother and Father were divorced on December 8, 2008. Pursuant to their
    divorce decree, Father was designated residential parent and granted legal custody of their
    children, whereas Mother was awarded parenting time. However, Mother's parenting time
    was "expressly conditioned upon no direct or indirect contact with one Michael W. Ballard,
    aka Chief Wanbli with any of the parties' minor children." According to Father, this condition
    was put in place because Ballard "began exerting an undue influence" on Mother, and
    because Ballard "has a criminal record for stalking and menacing and has spent time in jail
    for such behavior and I did not want my children exposed to that kind of element."
    {¶ 3} On January 21, 2015, Father filed a motion for contempt alleging Mother had
    violated the terms of their divorce decree by repeatedly allowing the parties' two minor
    children to have contact with Ballard. Thereafter, on February 24, 2015, Father also filed a
    motion to suspend Mother's parenting time after one of the children alleged she had been
    sexually abused by Ballard. In response, Mother filed her own motion for contempt against
    Father claiming Father had improperly denied her parenting time, had failed to permit her
    reasonable telephone contact with the children, and had not provided her with the children's
    progress reports or report cards.
    {¶ 4} On July 13, 2015, after a number of delays and continuances, a magistrate held
    a hearing on the matter. Following this hearing, the magistrate issued a decision denying
    Mother's motion for contempt, granting Father's motion for contempt, and suspending
    Mother's parenting time. In so holding, the magistrate specifically found Mother's testimony
    that Ballard had not been present during her parenting time with the two minor children was
    not credible. The magistrate further found that suspending her parenting time was necessary
    to protect the children. Mother then filed objections to the magistrate's decision, which the
    trial court denied.
    {¶ 5} Mother now appeals from the trial court's decision denying her objections to the
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    Warren CA2015-10-095
    magistrate's decision. However, just as she has done in her previous appeals to this court,
    Mother has once again failed to articulate any specific assignments of error for our review as
    required by App.R. 16(A)(3) and Loc.R. 11(A)(2).1 Nevertheless, as part of her lengthy and
    oftentimes confusing argument, Mother avers to several perceived "errors" with the trial
    court's decision. Each of these so-called "errors" will be addressed more fully below.
    Pro Se Litigants
    {¶ 6} Prior to addressing Mother's alleged "errors," we find it necessary to reiterate
    the fact that parties who appear "pro se are held to the same standard as litigants who are
    represented by counsel." Jones v. Nichols, 12th Dist. Warren No. CA2012-02-009, 2012-
    Ohio-4344, ¶ 23, citing State ex rel. Leon v. Cuyahoga Cty. Court of Common Pleas, 
    123 Ohio St.3d 124
    , 
    2009-Ohio-4688
    , ¶ 1. As a result, pro se litigants are presumed to have
    knowledge of the law and correct legal procedures so that he or she remains subject to the
    same rules and procedures to which represented litigants are bound. U.S. Bank Natl. Assn.
    v. Keefer, 12th Dist. Madison No. CA2013-09-032, 
    2014-Ohio-4759
    , ¶ 6. In other words,
    contrary to Mother's claim that "a licensed attorney is held to a higher standard" than
    someone appearing pro se, "[p]ro se litigants are not to be accorded greater rights and must
    accept the results of their own mistakes and errors, including those related to correct legal
    procedure." Cox v. Zimmerman, 12th Dist. Clermont No. CA2011-03-022, 
    2012-Ohio-226
    , ¶
    21.
    Standard of Review for a Finding of Contempt
    {¶ 7} "Disobedience to court orders may be punished by contempt." Cottrell v.
    Cottrell, 12th Dist. Warren No. CA2012-10-105, 
    2013-Ohio-2397
    , ¶ 11. To support a
    1. Mother's previous pro se appeals to this court in Sparks v. Sparks, 12th Dist. Warren No. CA2010-10-096,
    
    2011-Ohio-5746
     and Everbank Mtge. Co. v. Sparks, 12th Dist. Warren No. CA2011-03-021, 
    2012-Ohio-886
     also
    failed to articulate any specific assignments of error for review.
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    Warren CA2015-10-095
    contempt finding, the moving party must establish by clear and convincing evidence that a
    valid court order exists, that the offending party had knowledge of the order, and that the
    offending party violated such order. Hetterick v. Hetterick, 12th Dist. Brown No. CA2012-02-
    002, 
    2013-Ohio-15
    , ¶ 35. In reviewing a trial court's finding of contempt, an appellate court
    will not reverse such a finding absent an abuse of discretion. Grow v. Grow, 12th Dist. Butler
    Nos. CA2010-08-209, CA2010-08-218, and CA2010-11-301, 
    2012-Ohio-1680
    , ¶ 73. An
    abuse of discretion means more than an error of judgment; it implies that the trial court's
    attitude was unreasonable, arbitrary, or unconscionable. Blakemore v. Blakemore, 
    5 Ohio St.3d 217
    , 219 (1983).
    Motion to Continue
    {¶ 8} Initially, although couched in a claim alleging a violation of her Sixth
    Amendment right to counsel, Mother argues the trial court erred by overruling her objections
    to the magistrate's decision denying her motion to continue since she had recently retained a
    new attorney who was unable to attend the hearing due to a scheduling conflict. However,
    despite being warned on two separate occasions not to wait until the last moment to secure
    counsel, Mother's motion was submitted a mere three days prior to when the hearing was
    scheduled to begin. Moreover, as the record firmly establishes, the magistrate had already
    granted Mother two continuances for issues regarding her apparent inability to retain counsel,
    the most recent of which explicitly stated "[n]o further continuances will be granted for Mother
    to secure counsel." As this court has repeatedly stated, we will not reverse the denial of a
    motion to continue absent an abuse of discretion. Black v. Black, 12th Dist. Clinton No.
    CA2008-06-022, 
    2009-Ohio-92
    , ¶ 11. We find no abuse of that discretion here. Therefore,
    Mother's first argument is without merit.
    Rebuttal Witnesses and Evidence
    {¶ 9} Next, Mother argues the trial court erred by overruling her objections to the
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    Warren CA2015-10-095
    magistrate's decision because the magistrate violated her right to due process by not
    allowing her to call witnesses or provide evidence to "prove her cause against [Father's]
    accusations." However, not only did Mother testify and explicitly deny that the children had
    been in contact with Ballard during her parenting time, the record plainly demonstrates the
    magistrate then asked Mother if there was any additional evidence she wished to provide in
    her defense, as well as if there was any other evidence she wanted to present in support of
    her own motion for contempt against Father.                   Although Mother now claims she had
    "witnesses waiting outside the courtroom ready to speak," Mother failed to call any of these
    witnesses to testify and, in fact, failed to provide any evidence at all. Nothing about this
    failure can be attributed to the magistrate. Therefore, Mother's second argument is without
    merit.
    Discovery and Admitted Exhibits
    {¶ 10} Mother also argues the trial court erred by overruling her objections to the
    magistrate's decision since she never received a copy of the incident report outlining
    Ballard's alleged sexual abuse of her daughter, nor the letter finding her daughter's
    allegations of sexual abuse were substantiated. However, as the record reveals, Mother
    never raised any objection to any of the witness testimony related to these documents, nor
    did Mother object to the admission of these documents as exhibits. In addition, as it relates
    to Mother's claim that "[e]veryone knows that one must provide evidence to other counsel
    prior to the hearing," the fact that Mother herself never personally received a copy of either
    exhibit prior to the hearing is an issue better suited for her previous attorneys.2 Therefore,
    Mother's third argument is without merit.
    Questioning of Witnesses
    2. The record indicates Mother's first attorney withdrew due to a conflict of interest, whereas Mother fired her
    second attorney after approximately two weeks upon learning he had discussed the case with Father's counsel
    without her knowledge.
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    Warren CA2015-10-095
    {¶ 11} Mother further argues the trial court erred by overruling her objections to the
    magistrate's decision since the magistrate prohibited her from cross-examining witnesses.
    This is simply not true. As the record clearly shows, the magistrate asked Mother directly if
    she had any questions for each and every witness who took the stand. Mother then
    questioned each of the witnesses, including her own daughter. The fact that the magistrate
    briefly interrupted Mother's questioning was simply to remind Mother that cross-examination
    is a time to ask questions of the witnesses, not to engage in arguments or be argumentative.
    Nothing about this was improper. Therefore, Mother's fourth argument is without merit.
    Undecided Issues for Contempt Against Father
    {¶ 12} Mother next argues the trial court erred by overruling her objections to the
    magistrate's decision because the magistrate failed to rule on all of the issues raised in her
    motion for contempt against Father; namely, that Father failed to permit her reasonable
    telephone contact with the children, and that Father had not provided her with the children's
    progress reports or report cards. However, although neither the magistrate nor the trial court
    ruled on these issues, it is well-established that when a trial court fails to rule on a motion,
    this court will presume the motion was overruled. Reynolds v. Reynolds, 12th Dist. Butler
    No. CA94-08-162, 
    1995 WL 348437
    , *6 (June 12, 1995) (presuming trial court overruled
    motion for contempt when it failed to rule on the motion). This is particularly true here
    considering the record clearly indicates the children did not wish to have any telephone
    contact with Mother. Moreover, as it relates to Father's failure to provide Mother with the
    children's progress reports and report cards, we are unable to find any such requirement
    within the parties divorce decree. Regardless, even if there was such an obligation, the
    magistrate explicitly told Mother that she could simply request the children's progress reports
    and report cards from their school. Therefore, Mother's fifth argument is without merit.
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    Warren CA2015-10-095
    Sufficient Evidence for Contempt Against Mother
    {¶ 13} Continuing, Mother argues the trial court erred by overruling her objections to
    the magistrate's decision since there was "no physical, biological evidence" that Ballard ever
    had contact with the children during her parenting time, thereby rendering the entire case
    "based solely upon hearsay." Mother's claim is incorrect and deeply concerning considering
    the direct and overwhelming evidence to the contrary. This includes direct testimony from
    her own daughter who explicitly testified Mother took her and her younger sister to Ballard's
    house more than twenty times, during which time Ballard sexually abused her on multiple
    occasions. The trial court clearly found this evidence to be credible, whereas Mother's own
    testimony denying that the children had any contact with Ballard during her parenting time
    was not. Therefore, Mother's sixth argument is without merit.
    Other Arguments
    {¶ 14} Besides these arguments, Mother raises a variety of other challenges,
    suggestions, and vague innuendoes alleging a judicial bias and grand conspiracy against her.
    These arguments include, but are not limited to, Mother's allegations that each of the
    witnesses who testified at the hearing lied and committed blatant perjury, that her daughter's
    testimony was "coached" by the magistrate and opposing counsel, and that there are
    significant "gaps in the transcripts." After a thorough review of the record, we find these
    arguments are disingenuous, completely unfounded, and wholly without merit. Therefore,
    having found no merit to any of Mother's claims, all of Mother's various arguments are
    overruled and the trial court's decision finding Mother in contempt and suspending her
    parenting time is affirmed.
    {¶ 15} Judgment affirmed.
    M. POWELL, P.J., and RINGLAND, J., concur.
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