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







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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?
00:01:05Douglas Warnock for Norman Miller
00:17:22Elizabeth Gaba for Beth Miller
00:35:34Summation: Douglas Warnock for Norman Miller