Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Colleen Kerkay v. Jeffrey Kerkay
Date: 08-22-2024
Case Number: DR-21-385205
Judge: Not Available
Court: Cuyahoga County Court of Common Pleas, Domestic Relations Division
Plaintiff's Attorney:
Click Here For The Best Cleveland Family Law Lawyer Directory
Defendant's Attorney:
Click Here For The Best Cleveland Family Law Lawyer Directory
Description:
{¶ 2} Husband and Wife were married on August 12, 2000, in Cleveland, Ohio. Wife filed for divorce on May 6, 2021. Husband filed an answer and counterclaim for divorce. The matter proceeded to trial on May 24, 25, and 26, 2022. The trial court heard testimony from Husband, Wife, and their respective attorneys, and over 40 exhibits were admitted into evidence.
{¶ 3} On August 25, 2022, the trial court issued a judgment entry of divorce. In the judgment entry of divorce, the court found the duration of the marriage to be from August 15, 2000, to May 24, 2022, the date trial commenced. The trial court also made decisions regarding the division of the couple's property, spousal support, and award of attorney fees, which will be discussed in greater detail below. Husband appealed the court's order, and Wife filed a cross-appeal under a separate case number. Kerkay v. Kerkay, 2023-Ohio-1479 (8th Dist.) ("Kerkay I ").
{¶ 4} This court, after reviewing the trial court's judgment entry of divorce, dismissed Kerkay I, finding that the trial court's August 25, 2022 order was not final and appealable. Id. at ¶ 13. This court found the trial court failed to fully dispose of the Middle Bass Island property ("MBI Property"), which consisted of two parcels of land. Id. at ¶ 3. The first parcel consisted of two lots that are developed with a home. Id. The second parcel was a vacant lot across the street. Id. The trial court failed to clearly dispose of the second parcel in its August 25, 2022 journal entry. Id. at ¶ 9. Because the August 25, 2022 journal entry did not constitute a final appealable order, this court did not have jurisdiction to consider the appeal. Id. at ¶ 13. As such, the Kerkay I appeal was dismissed on May 4, 2023.
{¶ 5} On May 25, 2023 the trial court issued a journal entry of divorce whereby it disposed of all the marital property, including the two lots on the MBI Property. On June 13, 2023, Husband appealed the trial court's May 25, 2023 judgment entry of divorce.
Cleveland, Ohio family law divorce lawyers represented the Plaintiff and Defendant.
{¶ 2} Husband and Wife were married on August 12, 2000, in Cleveland, Ohio. Wife filed for divorce on May 6, 2021. Husband filed an answer and counterclaim for divorce. The matter proceeded to trial on May 24, 25, and 26, 2022. The trial court heard testimony from Husband, Wife, and their respective attorneys, and over 40 exhibits were admitted into evidence.
{¶ 3} On August 25, 2022, the trial court issued a judgment entry of divorce. In the judgment entry of divorce, the court found the duration of the marriage to be from August 15, 2000, to May 24, 2022, the date trial commenced. The trial court also made decisions regarding the division of the couple's property, spousal support, and award of attorney fees, which will be discussed in greater detail below. Husband appealed the court's order, and Wife filed a cross-appeal under a separate case number. Kerkay v. Kerkay, 2023-Ohio-1479 (8th Dist.) ("Kerkay I ").
{¶ 4} This court, after reviewing the trial court's judgment entry of divorce, dismissed Kerkay I, finding that the trial court's August 25, 2022 order was not final and appealable. Id. at ¶ 13. This court found the trial court failed to fully dispose of the Middle Bass Island property ("MBI Property"), which consisted of two parcels of land. Id. at ¶ 3. The first parcel consisted of two lots that are developed with a home. Id. The second parcel was a vacant lot across the street. Id. The trial court failed to clearly dispose of the second parcel in its August 25, 2022 journal entry. Id. at ¶ 9. Because the August 25, 2022 journal entry did not constitute a final appealable order, this court did not have jurisdiction to consider the appeal. Id. at ¶ 13. As such, the Kerkay I appeal was dismissed on May 4, 2023.
{¶ 5} On May 25, 2023 the trial court issued a journal entry of divorce whereby it disposed of all the marital property, including the two lots on the MBI Property. On June 13, 2023, Husband appealed the trial court's May 25, 2023 judgment entry of divorce.
Outcome:
Judgement affirmed.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Colleen Kerkay v. Jeffrey Kerkay?
The outcome was: Judgement affirmed.
Which court heard Colleen Kerkay v. Jeffrey Kerkay?
This case was heard in Cuyahoga County Court of Common Pleas, Domestic Relations Division, OH. The presiding judge was Not Available.
Who were the attorneys in Colleen Kerkay v. Jeffrey Kerkay?
Plaintiff's attorney: Click Here For The Best Cleveland Family Law Lawyer Directory. Defendant's attorney: Click Here For The Best Cleveland Family Law Lawyer Directory.
When was Colleen Kerkay v. Jeffrey Kerkay decided?
This case was decided on August 22, 2024.