Case No. 2011-1172 Beth Miller v. Norman Miller

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Supreme Court of Ohio

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Is Divorce Decree Signed by Magistrate on Judge's Behalf Void, or Merely 'Voidable' by Timely Direct Appeal?

Beth Miller v. Norman Miller, Case no. 2011-1172
Fifth District Court of Appeals (Delaware County)

ISSUE: When the final decree in a divorce case is signed by a magistrate on behalf of a judge, rather than by the judge himself as required under Civil Rule 58, is the decree a legal nullity that was never valid, or is it a voidable judgment that may be challenged on direct appeal, but may not be collaterally attacked by a party after the appeal period has expired?

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Ohio GovernmentJudicial BranchSupreme Court Of Ohio

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Case Information For Case #2011-1172
Oral Argument Preview For Case #2011-1172
Opinion Summary For Case #2011-1172

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• Douglas Warnock for Norman Miller
• Elizabeth Gaba for Beth Miller
• Summation: Douglas Warnock for Norman Miller