Case No. 2011-1172 Beth Miller v. Norman Miller (Mp3)
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?