[Cite as Brown v. Allala , 2014-Ohio-4917.]

STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF SUMMIT )

LARISSA D. BROWN Appellant

v.

PATRICK N. ALLALA Appellee C.A. No. 27086

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. 2007-08-2575

DECISION AND JOURNAL ENTRY Dated: November 5, 2014

MOORE, Judge. {¶1} Appellant, Larissa Brown, appeals the order of the Summit Court of Common Pleas, Domestic Relations Divisi on, that temporarily reduced child support to zero. This Court

affirms.

I. {¶2} Ms. Brown and appellee, Patrick Allala, are the parents of a daughter. They never married, but in 2007, Mr. Allala acknowledged paternity, the couple agreed that Ms. Brown would have full custody of their daughter, and Mr . Allala was subsequently ordered to pay child support. His child support obligation increased to $536.75 in 2008. In 2011, the Child Support Enforcement Agency (“CSEA”) conducted an ad ministrative review of the support obligation and recommended a slight increase. Mr. Allala requested a hearing on the modification because he had recently lost his job when his employer d eclined to renew sponsorship of his H-1B work visa. The hearing officer reduced his child suppor t obligation to $0 until Mr. Allala could obtain2

employment, noting that Ms. Brown “retain[ed] the right to ask that the order be modified when [Mr. Allala] obtains his work visa a llowing him to seek employment.” {¶3} Ms. Brown filed a request for judicial revi ew of the administrative decision in the trial court. After conducting a hearing, a ma gistrate recommended susp ending Mr. Allala’s obligation to pay child support from December 1, 2011, through November 30, 2012, or until he secured employment, whichever occurred first. The trial court entered judgment on the magistrate’s decision immediately, and Ms. Brown filed timely objections. The trial court overruled Ms. Brown’s objections, but modified its decision to provide that Mr. Allala’s child support obligation was reduced to zero until he eith er obtained employment or no longer resided

in the United States. {¶4} Ms. Brown appealed. This Court determined that the trial court erred by failing to incorporate a current child suppor t worksheet into the record. Brown v. Allala , 9th Dist. Summit No. 26689, 2013-Ohio-3507, ¶ 10. We reversed on that basis alone, concluding that without the child support worksheet, we could not adequa tely review the tria l court’s decision. Id. at ¶ 10,

12. This Court declined to consider Ms. Brow n’s remaining assignment s of error and remanded the matter for proceedings c onsistent with our opinion. Id . at ¶ 12. {¶5} On remand, the trial court entered the same order, but noted that a child support worksheet had been completed and was attached. Ms. Brown filed another appeal, asserting five assignments of error.

ASSIGNMENT OF ERROR I

THE TRIAL COURT ERRED WHEN IT FAILED TO HOLD A HEARING PRIOR TO ISSUING AN ORDER OF NON-SUPPORT FOLLOWING A MANDATE FROM THIS COURT OF JUDGMENT [OF] REVERSAL AND CAUSE [ SIC ] REMAND IN APPEAL NUMBER C.A. 26689[.]3

{¶6} Ms. Brown’s first assignment of error is that the trial court disregarded this

Court’s mandate when it failed to conduct a hearing following the remand in her prior appeal. We disagree. {¶7} The doctrine of the law of the case “limits the actions that a trial court may take on remand to the scope of the reviewing court’ s mandate and places a corresponding limitation on the ability of an appellant to assert error in subsequent appeals.” Allen v. Bennett , 9th Dist. Summit No. 24124, 2008-Ohio-4554, ¶ 9. See also Pingue v. Hyslop , 10th Dist. Franklin No. 01AP-1000, 2002-Ohio-2879, ¶ 35. A trial court errs by conducting an evidentiary hearing on remand that exceeds the scope of an appellate court mandate. See Allen at ¶ 9-10. Conversely: It is well established that “‘[a] trial court must follow the mandate of the appellate court.’” State v. Pendergrass , 9th Dist. Lorain No. 04CA008437, 2004-Ohio5688 ¶ 9, quoting Pingue v. Hyslop , 10th Dist. Franklin No. 01AP–1000, 2002- Ohio-2879, ¶ 22. This court has held * * * “When this Court, as is its customary practice, remands a case for further proc eedings, this does not necessarily mean that we order some sort of hearing to be held upon remand. Rather, this language simply designates that the case is to return to the trial court to ‘take further action in accordance with applicable law.’” Id . at ¶ 10, quoting Chapman v. Ohio State Dental Bd ., 33 Ohio App.3d 324, 328 (1986). Furthe r, an appellate court may or may not specify the nature of the further proceedings, and in fact, should not do so if the trial court has the discretion as to the nature of the remand proceedings. Id ., citing State v. Chinn , 2d Dist. No. 16764, 2000 WL 1458784 (Aug. 21, 1998). Evanich v. Bridge , 170 Ohio App.3d 653, 2007-Ohio-1349, ¶ 18-19 (9th Dist.). {¶8} In Ms. Brown’s last appeal, we dete rmined that without a child support worksheet, we could not review the trial court’s decision properly. Brown , 2013-Ohio-3507, at ¶ 10. Accordingly, we “sustain[ed] Ms. Brown’s third assignment of error and remand[ed] the

matter so that the trial cour t [could] complete a child support worksheet and undertake the appropriate statutory analysis thereafter.” Id . Our mandate did not re quire the trial court to conduct a hearing, and the trial court did not err by declining to do so.4

{¶9} In the context of this assignment of error, Ms. Brown also notes that the child support worksheet now attached to the trial court’ s judgment inaccurately designates her as the obligor. In light of the facts that the trial court’s decision is clear that Mr. Allala is actually the obligor and that decision and the worksheet are consistent in all other respects, this Court attributes the single inconsistency to a scrivener’s error. {¶10} Ms. Brown’s first assignme nt of error is overruled.

ASSIGNMENT OF ERROR II

THE TRIAL COURT ERRED AS A MATTER OF LAW WHEN IT FAILED TO ISSUE A MANDATORY MINIMUM ORDER OF SUPPORT AND BASED SUCH DETERMINATION ON FACTS NOT FOUND BY THE TRIER OF FACT[.]

ASSIGNMENT OF ERROR III

THE TRIAL COURT ERRED BY TERMINATING AN ALIEN FATHER’S CHILD SUPPORT OBLIGATION UNTIL HE OBTAINS EMPLOYMENT OR NO LONGER LIVES IN THE UNITED STATES[.] {¶11} It is difficult to discern the basis for Ms. Brown’s second and third assignments of error from her brief, but they appear to argue that the trial court erred (1) by reducing Mr. Allala’s child support obligation to zero for an improper reason and (2) by ordering zero dollars in child support when that deter mination was not supported by the evidence. In both respects,

we review the trial court’s deci sion for an abuse of discretion. Staugler v. Staugler , 160 Ohio App.3d 690, 2005-Ohio-1916, ¶ 15 (3rd Dist.). {¶12} Under R.C. 3119.06, “in any action in which a court issues or modifies a child support order or in any other proceeding in whic h a court determines the amount of child support to be paid pursuant to a child support order, the court shall issue a minimum child support order requiring the obligor to pay a minimum of fift y dollars a month.” Nonetheless, R.C. 3119.06 permits a trial court to order child support in amounts less than $50 per month or to require no5

support “in its discretion and in appropriate circumstances.” Id. The statute provides only one specific example of a s ituation in which a trial court ma y reduce the minimum support order: upon “the nonresidential parent’s medically verified or documented physical or mental disability or institutionalization in a facility for persons with a mental illness[.]” Nonetheless, the statute emphasizes that this description is not exclusiv e by providing that the trial court may reduce the minimum support order under “any other circumstances considered appropriate by the court.”

Id . In other words, “R.C. 3119.06 requires a trial court to set a minimum child support order of $50.00 per month, although it gives th e court discretion in appropriate circumstances to issue a lower support order, or to wa ive support all together.” Lynch v. Lynch , 5th Dist. Stark No. 2004- CA-00012, 2004-Ohio-4945, ¶ 14. {¶13} In this case, the trial court determined that Mr. Allala could not legally obtain employment without first addressing his immigra tion status and “decline[d] [Ms. Brown’s] request to order [Mr. Allala] to work in dir ect violation of federal law.” The child support worksheet, which is appended to the trial court’s decision, reflects zero dollars of income for Mr. Allala so, for purposes of dete rmining his child support obliga tion, the minimum level of support required by R.C. 3119.06 was genera lly required. Under the statute, however, a trial court has the discretion to enter a support award of zero dollars when the obligor has no income. See generally Garner v. Boyd , 5th Dist. Muskingum No. CT11-0050, 2012-Ohio-1489. The trial court did not abuse its discretion by determining that Mr. Allala’s immigration status, and related inability to legally obtain employment, justifie d a child support obligation of zero dollars. {¶14} Ms. Brown has also argued that the evid ence did not support the trial court’s determination that Mr. Allala had no income. Specifically, she has argued that the evidence did not support the trial court’s conclusions that Mr . Allala’s immigration status rendered him unable6

to work and that he did not have any income for purposes of determining child support. We disagree. {¶15} The administrative review process for c ourt-ordered child support orders is set

forth in R.C. 3119.63 et seq . and the corresponding provisions of the Ohio Administrative Code. When CSEA determines that modification is appropriate, either the obligor or obligee can request an administrative hearing within 14 da ys. R.C. 3119.63(B)/(E). If a modification is

made after the administrative hear ing, either party can request a court hearing. R.C. 3119.63(E); R.C. 3119.66. In hearing the matter, the trial court must consider the provision of health

insurance and “all other factors required by law to be consider ed.” R.C. 3119.73(A). After the hearing, the trial court may issu e a revised court child support order that incorporates the change calculated by CSEA or may “determine the appr opriate child support am ount and, if necessary, issue a revised court child support order requiring the obligor to pay the child support amount determined by the court.” R.C. 3119.70(B). Th is process is governed by the requirements regarding child support in general, and consequently: The calculation of child support is governed by R.C. Chapter 3119. Pursuant to R.C. 3119.02, in any action in which a court child support order is modified, a court or child support enforcement agency must calculate the amount of a child support obligation according to the schedules and worksheets provided in R.C. 3119.02 through R.C. 3119.24. Although the amount of child support calculated using the schedule and worksheet is “rebuttably presumed” to be the correct amount, the trial court may deviate fr om the amount determined if, after considering the factors and criteria set forth in R.C. 3119.23, it finds that the amount “would be unjust or inappropriate and would not be in the best interest of the child.” (Internal citations omitted.) Rundo v. Rundo , 11th Dist. Geauga App. No. 2013-G-3134, 2013- Ohio-4305, ¶ 16 (discussing revision to a child support obligation in the context of R.C. 3119.66). The court’s responsibility is to determin e an “appropriate” level of child support under7

these circumstances and need not find that a change in ci rcumstances warran ts modification. Rocky v. Rockey , 4th Dist. Highland No. 08CA4, 2008-Ohio-6525, ¶ 29. {¶16} We begin by observing that upon CSEA’s administrative modification of Mr. Allala’s child support obligation, it was Ms. Brow n who initiated the trial court’s review, and so she bore the burden of proof in the proceedings. Compare Irish v. Irish , 9th Dist. Lorain No. 10CA009810, 2011-Ohio-3111, ¶ 16; Keller v. Keller , 9th Dist. Wayne No. 04CA0084, 2005- Ohio-3302, ¶ 17, citing Jurewicz v. Rice , 9th Dist. Medina No. 3190-M, 2001 WL 1421855, *2 (Nov. 14, 2001). It is also helpful to remember fo r purposes of this discussion that although Mr. Allala proceeded pro se throughout this case, Ms. Brown has consistently been represented by

counsel. {¶17} The trial court’s decisi on is based on two de terminations of fact that Ms. Brown challenges: first, the conclusion that Mr. Allala’s immigration status prevented him from legally earning income, and second, that Mr. Allala had zero income fo r purposes of the child support

worksheet. Mr. Allala testified that he is a citizen of Ghana who came to the United States as a student. While obtaining his Ph.D., Mr. Allala worked at Akron Children’s Hospital as a chaplain through a third-party placement. After that placement ended, Akron Children’s employed him directly pursuant to an H-1B vi sa, which required Akron Ch ildren’s to certify that his position could not be filled by a qualified United States citizen. According to Mr. Allala’s testimony, once he learned that his H-1B status would not be renewed, he pursued other avenues to extend his visa before it expired, but at the time of the hearing, had met with initial denials.

He testified that in addition to pursuing a visa extension direct ly while looking for employment, he had also approached prospective employers about their willingness to employ him under an

H-1B visa without success and had inquired about returning to student visa status. According to8

Mr. Allala’s testimony, at the time of the hearing, none of his efforts had borne fruit. There is no evidence to the contrary in the record. {¶18} Ms. Brown maintains also that the evidence supports the inference that Mr. Allala does have income, contrary to th e trial court’s deter mination. For example, she points to Mr. Allala’s testimony that he owns a vehicle, a 1998 Isuzu Rodeo, which is subject to a loan. Mr. Allala testified, however, that he was in default of repaying the loan. She also points to his testimony that he had $2,000 remaining in a deferred compensation account after earlier withdrawals and maintained an ap artment with monthly rent of $600. For his part, Mr. Allala

testified that he had b ecome dependent on the generosity of friends in order to purchase food and was, at one point, in danger of losing his re sidence. He explained his financial position as

follows: Friends support me with groceries and a ch eck here and there to pay my bills. And I’m still in – in serious financial crisis. My account was closed because there was nothing coming in, and I was having no job that I need to pay off [ sic ]. I have taken personal loans from friends here and there so I can survive. I go days without food. My bills are not paid. I ha ve a shutoff notice from the gas and then from my utility bills. This week is my last week for my gas utility or my gas supply to be cut off. So I – I really am [having a] serious financial problem. {¶19} Despite Mr. Allala’s suggestion that he receives money through gifts or loans from acquaintances, he was not cro ss-examined as to the amount or frequency of such payments. Ms. Brown has emphasized Mr. Allala’s physical we llbeing, consistent record of employment in the past, and steady income before his employment ended. These facts, however, do not address the issue of Mr. Allala’s present ability to pay ch ild support. Consequently, the record contains no information beyond Mr. Allala’s own assertion that he is in “financial crisis” and surviving based on the generosity of others. Ms. Brow n, on the other hand, testified that she earned approximately $89,000 per year as an employee of the Akron Public Schools, which also9

provided health insurance for her and her daughter at minimal cost. Ms. Brown stated that she pays $5,000 per year in Montessori tuition plus $300 per month for before and after care. She testified that her daughter’s asthma medications cost $45 per month, and she noted that she keeps her daughter regularly involved in multiple extrac urricular activities. She did not testify about any other expenses. {¶20} Ms. Brown’s appellate brief points out the fact that Mr. Allala did not present expert testimony regarding his immigration status, but we reiterate that the burden of proof in this proceeding fell to her. The record from the hearing contains minimal financial information

and does not establish that Mr. Allala had other income. Ba sed on the record before us, therefore, we cannot conclude that the trial court abused its discretion by determining that Mr. Allala was unable to work due to his immigration status and that Mr. Allala had no income. Ms. Brown’s second and third assign ments of error are overruled.

ASSIGNMENT OF ERROR IV THE TRIAL COURT ERRED WHEN IT FAILED TO FIND [MR. ALLALA] WAS VOLUNTARILY UNEMPLOYED AND FAILED TO IMPUTE WAGES TO [MR. ALLALA] FOR THE PURPOSES OF CALCULATING CHILD SUPPORT[.] {¶21} Ms. Brown’s fourth assignment of error argues that the trial court erred when it

failed to conclude that Mr. Allala was voluntarily unemployed. We disagree. {¶22} “In determining the appropriate level of child support, a trial court must calculate the gross income of the parents. When a pa rent is unemployed, income includes potential income that may be imputed to the parent by the trial court.” Bajzer v. Bajzer , 9th Dist. Summit No. 25635, 2012-Ohio-252, ¶ 11, citing R.C. 3119.01( C)(5)/(11) and R.C. 3119.05. A trial court must expressly find that a parent is vol untarily underemployed or unemployed before imputing income. Collins v. Collins , 9th Dist. Wayne No. 10CA0004, 2011-Ohio-2087, ¶ 36.10

“[W]hen a court examines the earning capacity of a parent who is voluntarily unemployed or underemployed, it does so with a view toward imputin g a specific sum of income to that parent. In turn, that sum will be combined with other gr oss income to arrive at a total gross income figure which will be used for the child support calculation.” Id . at ¶ 18. {¶23} Voluntary unemployment is a matter to be determined by the trial court based on the unique facts and circumstances of each case. Rock v. Cabral , 67 Ohio St.3d 108, syllabus (1993). It is not necessary that a parent acted w ith the intention to evade his or her child support obligation, and “[t]he parent’s subjective mo tivations for being voluntarily unemployed or underemployed play no part in the determination[.]” Id. at 111. Nonetheless, the Ohio Supreme Court has observed that “voluntarily” means “[ d]one by design or in tention, intentional, proposed, intended, or not accidental. In tentionally and without coercion.” Id . at 111 fn.2, quoting Black’s Law Dictionary (6 Ed.1990) 1575. The burden of proving voluntary unemployment is on the parent who claims th at the other is voluntarily unemployed. Knouff v.

Walsh-Stewart , 9th Dist. Wayne No. 09CA0075, 2010-Ohio-4063, ¶ 27, citing Groves v. Groves , 12th Dist. Clermont No. CA2008-06-059, 2009-Ohio-931, ¶ 9. This Court reviews a trial court’s determination regarding voluntary unempl oyment for an abuse of discretion. Rock at syllabus. {¶24} Mr. Allala’s employment and immigration status history is not disputed, and because it is the basis for Ms. Brown’s argument, a brief review is instructive. Mr. Allala came to the United States in 1998 to pursue graduate studies at the University of Akron on an F1 student visa. He was employed on a one-year contract at Archbishop Hoban High School in 2001 on an R1 religious worker visa. In 2002, Mr. A llala's status reverted to his F1 student visa when his contract ended, and he provided limite d on-call counseling servi ces at Akron General Hospital for a stipend in connection with his st udies. In 2003, Mr. Alla la was hired on an R111

religious worker visa by Lutheran Chaplaincy Services and placed at Akron Children’s Hospital. He worked in that capacity until 2005, when his R1 visa expired and the sponsoring employer made an error in the renewal process. Akron Children’s Hospital decided to hire him directly, however, and in February 2006, he began employment in his previous capacity as an employee of the hospital under an H-1B visa. In the in terim between losing his R1 status and gaining employment with Akron Children’s, Mr. Allala reverted again to his F1 student status and performed some contract work for the University of Akron related to his studies. Akron Children’s employed Mr. Allala from 2006 through most of 2011. Mr. Allala testified that, at that point, his H-1B visa was nearing expirati on, and Akron Children’s de termined that it would not reapply for the H-1B visa on Mr. Allala’s behalf. {¶25} Ms. Brown’s position is that Mr. Allala’s employment history demonstrates that he knows how to maintain his work eligibility over the long term; that he should have anticipated that Akron Children’s might refuse to recertify hi s H-1B visa; and that it was his responsibility to solidify his immigration status before the problem arose. She also maintains that Mr. Allala did little to secure a new visa after losing his job at Akron Children’s. Ms. Brown’s position, however, appears to be based on conjecture rather than evidence from the trial record. As stated above, the burden of proving that Mr. Allala is voluntarily unemployed fell to Ms. Brown. See Knouff at ¶ 27. Although she cross-examined Mr. Alla la about his employment history, she did not elicit any evidence that might have provided the perspective on his testimony that she advocates. Consequently, the trial court made its decision based on the testimony of Mr. Allala that he could not have anticipated the loss of his employment and that although he had pursued every avenue known to him of obtaining a new vi sa, he had not met with success at the time of the hearing. He testified specifically that the University of Akron had denied him F1 student12

status because he had finished all of his graduate coursework. Similarly, he testified that R1

status was unavailable to him because it had to be initiated by an employer. {¶26} Considering the facts and circumstances unique to this case, and with Ms. Brown’s burden of proof in mind, we conclude that the trial court did not abuse its discretion by failing to find that Mr. Allala was voluntarily unemployed. Ms. Brown’s fourth assignment of

error is overruled.

ASSIGNMENT OF ERROR V THE TRIAL COURT ERRED WHEN IT OVERRULED [MS. BROWN’S] OBJECTIONS TO THE MAGISTRATE’S DECISION, YET ISSUED A JUDGMENT ENTRY CONTRARY TO THE MAGISTRATE’S DECISION, MADE ADDITIONAL FINDINGS WHEN ONLY THE MAGISTRATE HAD THE OPPORTUNITY TO HEAR THE EVIDENCE IN THE CASE AND RELIED UPON [MR. ALLALA’S] SELF-SERVING LAY TESTIMONY IN THE TRANSCRIPTS ON ISSUES REQUIRING AN EXPERT OPINION[.] {¶27} Ms. Brown’s final assignment of error sets forth two different arguments: (1) that the trial court erred by overruling her objecti ons, but modifying the magistrate’s decision nonetheless, and (2) that the trial court improperl y considered Mr. Allala’s lay testimony when expert evidence was necessary to explain his immigration status. {¶28} Civ.R. 53(D)(4)(b) explains that when a trial court considers a magistrate’s decision, it may adopt or reject it, in whole or in part, “with or without modification.” See also Civ.R. 53(D)(4)(d) (requiring an i ndependent review with respect to objections). By its plain terms, therefore, Civ.R. 53 does not limit a trial court’s ability to enter a judgment that differs from the magistrate’s decision upon c onducting an independent review. Peskind v. Peskind , 8th Dist. Cuyahoga No. 94740, 2010-Ohio-5146, ¶ 16. As this Court has explained: The independent review that is required of the trial court has two components: (1) whether, with respect to the objected matters, the magistrate properly determined the factual issues before it, and (2) whet her the magistrate a ppropriately applied the law to those factual determinations. Even if the evidence from the13

proceedings before a magistrate is not before the trial court or is not contested, the trial court must conduc t an independent review of th e magistrate’s application of the law to the facts to the extent that it is the subject of the objections. In that situation, a trial court accepts the magistrate's findings of fact, but “has the authority to determine whether the magistrate’s findings of fact are sufficient to support the conclusions of la w made, and to reach a diffe rent legal conclusion as long as that conclusion is supported by th e magistrate’s findings of fact.” Civ.R. 53 contemplates that a trial court may, w ithin its discretion, conduct a review that exceeds that specifically required. (Internal citations omitted.) Lakota v. Lakota , 9th Dist. Medina No. 10CA0122-M, 2012-Ohio2555, ¶ 14. See also State ex rel Dewine v. Ashworth , 4th Dist. Lawrence No. 11CA16, 2012- Ohio-5632, ¶ 36-38 (explaining that because the tria l court is the ultimate trier of fact, it may reject credibility determinations made by a magistrate and modify the magistrate’s decision in entering judgment). {¶29} This Court has already concluded that th e substance of the trial court’s decision was not an abuse of discretion. By the same to ken, the trial court did not err in modifying the terms of the magistrate’s decision when it cond ucted its independent re view. Indeed, Civ.R. 53(D)(4) expressly gives the trial court the flexibi lity to do so. Ms. Brown’s fifth assignment of error is overruled in this respect. {¶30} Ms. Brown has also argued that the trial court erred by relying on Mr. Allala’s lay testimony about his immigration status. “Under Ci v.R. 53(D)(3)(b)(iv), a party forfeits all but plain error with respect to the appeal of any fi nding of fact or legal conclusion to which no objection is made in the trial court.” Lakota at ¶ 9. Although Ms. Brown has framed this argument in terms of the tria l court’s action on the magistrate ’s decision, her real complaint appears to be with the magistrate’s decision to allow the testimony at issue. Ms. Brown did not object to the magistrate’s decision in this respect. She has forfeited all but plain error, which she14

has not argued in this Court. See Hendy v. Wright , 9th Dist. Summit No. 26422, 2013-Ohio5786, ¶ 14. Her fifth assignment of error is overruled in this respect as well. {¶31} Ms. Brown’s fifth assignment of error is overruled.

III. {¶32} Ms. Brown’s assignments of error are overruled. The judgment of the Summit County Court of Common Pleas 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 manda te, pursuant to App.R. 27. Immediately upon the filing hereof, this docum ent 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. Costs taxed to Appellant.

CARLA MOORE FOR THE COURT15

HENSAL, P. J. CARR, J. CONCUR.

APPEARANCES: LYNDA HARVEY WILLIAMS and AVIVA L. WILCHER, Attorneys at Law, for Appellant. PATRICK N. ALLALA, pro se, Appellee.