[Cite as In re A.S., 2012-Ohio-2172.]

STATE OF OHIO ) IN THE COURT OF APPEALS 

 )ss: NINTH JUDICIAL DISTRICT 

COUNTY OF SUMMIT ) 

IN RE: S.S. 

 A.S. 

 

 

C.A. No. 26197 

APPEAL FROM JUDGMENT 

ENTERED IN THE 

COURT OF COMMON PLEAS 

COUNTY OF SUMMIT, OHIO 

CASE Nos. DN10-12-0861 

DN10-12-0862 

DECISION AND JOURNAL ENTRY

Dated: May 16, 2012 

 

WHITMORE, Presiding Judge. 

{¶1} Appellants, Kurt and Gina Walker, appeal from a judgment of the Summit County 

Court of Common Pleas, Juvenile Division, which awarded legal custody of S.S. and A.S. to the 

children’s maternal aunt. This Court affirms. 

I 

{¶2} A tragedy left S.S. and A.S. without parents. The children were adjudicated 

dependent and placed in the emergency temporary custody of Summit County Children Services. 

Subsequently, motions for legal custody were filed by (1) the maternal aunt, (2) the paternal 

step-grandparents, and (3) the paternal great aunt and uncle. After trial, the court granted legal 

custody to the maternal aunt. The paternal aunt and uncle filed this appeal and raise one 

assignment of error for our review. 
2 

 

II 

Assignment of Error

THE TRIAL COURT ERRED IN GRANTING TISHA PERMANENT 

CUSTODY AS IT WAS NOT IN THE BEST INTEREST OF THE CHILDREN, 

WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE AND DID 

NOT RISE TO THE STANDARD OF CLEAR AND CONVINCING. 

{¶3} In their sole assignment of error, Appellants argue that the trial court’s decision to 

grant legal custody1

 to the maternal aunt is against the manifest weight of the evidence. We 

cannot address the merits of the argument because the record is incomplete. 

{¶4} At oral argument, Appellants explained that pursuant to App.R. 9 they only 

included portions of the transcripts which supported their argument. Unfortunately, Appellants 

misread App.R. 9. 

{¶5} “Judgments supported by some competent, credible evidence going to all the 

essential elements of the case will not be reversed by a reviewing court as being against the 

manifest weight of the evidence.” C.E. Morris Co. v. Foley Const. Co., 54 Ohio St.2d 279 

(1978), syllabus. In order for an appellate court to review a decision for “some competent, 

credible evidence,” the reviewing court must have access to more than just the portion of the 

transcripts that support an appellant’s argument. 

The duty to provide a transcript for appellate review falls upon the appellant. This 

is necessarily so because an appellant bears the burden of showing error by 

reference to matters in the record. * * * When portions of the transcript 

necessary for resolution of assigned errors are omitted from the record, the 

reviewing court has nothing to pass upon and thus, as to those assigned errors, the 

court has no choice but to presume the validity of the lower court’s proceedings, 

and affirm. 

 

1

 Appellants mistakenly refer to the trial court’s decision as a granting of permanent custody, 

however, the court granted the maternal aunt legal custody. 
3 

 

Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 199 (1980). Accord App.R. 9(B). In this 

matter, Appellants included only a partial transcript of the proceedings. Without the entire 

transcript reflecting all of the testimony considered by the trial court, this Court cannot determine 

whether the trial court’s determination is against the manifest weight of the evidence.

{¶6} Because the record is incomplete, this Court must presume that the trial court did 

not abuse its discretion when it found it was in the best interest of the children to be placed in the 

legal custody of the maternal aunt. Appellants’ sole assignment of error is overruled. 

III 

{¶7} Appellants’ assignment of error is overruled. The judgment of the Summit 

County Court of Common Pleas, Juvenile Division, is affirmed. 

Judgment affirmed. 

 There were reasonable grounds for this appeal. 

 We order that a special mandate issue out of this Court, directing the Court of Common 

Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy 

of this journal entry shall constitute the mandate, pursuant to App.R. 27. 

 Immediately upon the filing hereof, this document shall constitute the journal entry of 

judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the 

period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is 

instructed to mail a notice of entry of this judgment to the parties and to make a notation of the 

mailing in the docket, pursuant to App.R. 30. 
4 

 

 

Costs taxed to Appellant. 

 

 BETH WHITMORE 

 FOR THE COURT 

MOORE, J. 

BELFANCE, J. 

CONCUR

APPEARANCES:

KURT WALKER and GINA WALKER, pro se, Appellants. 

SHERRI BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY, Assistant 

Prosecuting Attorney, for Appellee. 

JAMES M. CAMPBELL and JULIET K. FALCONE, Attorneys at Law, for Appellees.