[Cite as Gossard v. Gossard, 2009-Ohio-6716.]

IN THE COURT OF APPEALS OF OHIO 

THIRD APPELLATE DISTRICT 

HARDIN COUNTY 

 

HEATHER GOSSARD, 

 PLAINTIFF-APPELLEE, CASE NO. 6-09-09 

 v. 

LARRY GOSSARD, O P I N I O N 

 DEFENDANT-APPELLANT. 

 

Appeal from Hardin County Common Pleas Court 

Domestic Relations Division 

Trial Court No. 20073021 DRB 

Judgment Affirmed 

Date of Decision: December 21, 2009 

 

APPEARANCES: 

Terry L. Hord for Appellant 

Scott N. Barrett for Appellee 
Case No. 6-09-09 

2

PRESTON, P.J. 

{¶1} Defendant-appellant, Larry A. Gossard (hereinafter “Larry”), 

appeals the Hardin County Court of Common Pleas’ judgment entry granting 

plaintiff-appellee’s, Heather Gossard (hereinafter “Heather”), complaint for 

divorce. The intervening bankruptcy trustee approves of the trial court’s judgment 

with respect to its distribution of the parties’ tax refunds, and therefore, asks this 

Court to affirm. For the reasons discussed herein, we affirm. 

{¶2} Larry and Heather were married on June 17, 2006, and one child was 

born as issue of the marriage, Bryce N. Wells-Gossard (d.o.b. 7/16/07). (Doc. No. 

1, ¶1). On February 21, 2007, Heather filed a complaint for divorce alleging 

incompatibility and gross neglect. (Id. at ¶¶4-5). On March 13, 2007, Larry filed 

his answer and counterclaim for divorce alleging incompatibility but denying 

Heather’s allegation of gross neglect. (Doc. No. 11). 

{¶3} On August 29, 2007, the magistrate issued temporary orders, 

including that Larry and Heather jointly file bankruptcy. (Doc. No. 53). Heather, 

however, filed notice that filing bankruptcy was not financially necessary for her 

and declining to do the same. (Doc. No. 55). On December 6, 2007, Larry filed a 

notice that he filed for bankruptcy. (Doc. No. 59). As a result of Larry’s 

bankruptcy filing, the bankruptcy trustee filed a motion to intervene on December 

26, 2007, which the trial court granted the following day. (Doc. Nos. 61-62). 
Case No. 6-09-09 

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{¶4} On July 23 and September 11 of 2008, the complaint and 

counterclaim for divorce proceeded to a hearing before a magistrate. (Doc. Nos. 

91, 103). On December 15, 2008, the magistrate issued a decision. (Doc. No. 

103). 

{¶5} On December 29, 2008, Larry filed objections to the magistrate’s 

decision and a request for an extension of time to further delineate his objections 

upon receipt of a transcript of the proceedings. (Doc. No. 104). The trial court 

granted Larry’s motion for an extension of time on December 31, 2008. (Doc. No. 

106). 

{¶6} On January 13, 2009, Larry filed a motion to compel Heather to file 

an application for Benefits for Children Medically Handicapped (BCMH) on 

behalf of the parties’ minor child. (Doc. No. 108). On February 6, 2009, Heather 

filed a motion requesting attorney’s fees for the cost of defending against said 

motion. (Doc. No. 112). Thereafter, on March 26, 2009, Heather filed a motion 

requesting attorney’s fees for defending against Larry’s several filed motions. 

(Doc. No. 118). 

{¶7} On April 20, 2009, Larry filed his further delineated objections to 

the magistrate’s December 15, 2008 decision. (Doc. No. 126). On May 12, 2009, 

the trial court adopted and approved the magistrate’s decision and granted the 

parties a divorce. (Doc. No. 131). 
Case No. 6-09-09 

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{¶8} On June 11, 2009, Larry filed a notice of appeal. (Doc. No. 137). 

Larry now appeals raising eight assignments of error for our review. We find 

Larry’s first assignment of error dispositive. 

ASSIGNMENT OF ERROR NO. I 

THE TRIAL COURT ERRED IN FINDING THAT THE 

OBJECTIONS TO THE MAGISTRATE’S DECISION WERE 

NOT STATED WITH PARTICULARITY WHEN STATED 

FACTUALLY AND LEGALLY WITH REFERENCE TO THE 

TRANSCRIPT AND STIPULATIONS OF THE 

PROCEEDINGS. 

{¶9} In his first assignment of error, Larry argues, in pertinent part, that 

his objections were stated with particularity, and the trial court’s finding in this 

regard was erroneous. Heather, on the other hand, contends that Larry’s 

objections were not written with the specificity that Civ.R. 53(D)(3)(b)(ii) requires 

as found by the trial court. We agree with Heather. 

{¶10} Civ.R. 53(D)(3)(b)(ii) provides that “[a]n objection to a magistrate’s 

decision shall be specific and state with particularity all grounds for objection.” 

“[U]nder Civ.R. 53[D](3)(b), objections must be more than ‘indirectly addressed’: 

they must be specific.” Young v. Young, 9th Dist. No. 22891, 2006-Ohio-2274, ¶5, 

quoting Ayer v. Ayer (June 30, 2000), 1st Dist. No. C-990712, *3. When an 

objecting party fails to state an objection with particularity as required under 

Civ.R. 53(D)(3)(b), the trial court may affirm the magistrate’s decision without 

considering the merits of the objection. Triozzi-Hartman v. Hartman, 11th Dist. 
Case No. 6-09-09 

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No. 2006-G-2701, 2007-Ohio-5781, ¶15, citing Waddle v. Waddle (Mar. 30, 

2001), 11th Dist. No.2000-A-0016, *9-10. Similarly, “[i]f no timely objections 

are filed, the court may adopt a magistrate’s decision, unless it determines that 

there is an error of law or other defect evident on the face of the magistrate’s 

decision.” Civ.R. 53(D)(4)(c). “Except for a claim of plain error, a party shall not 

assign as error on appeal the court’s adoption of any factual finding or legal 

conclusion * * * unless the party has objected to that finding or conclusion as 

required by Civ.R. 53(D)(3)(b).” Civ.R. 53(D)(3)(b)(iv) (emphasis added). 

{¶11} The trial court sub judice reviewed Larry’s objections filed April 20, 

20091

 and concluded: 

 This Court finds that Defendant’s pleading styled “Civil 

Rule 53 Objections to the Magistrate Decision Rendered 

December 15, 2008, with Reference to the Transcript of the 

Hearing On this Matter” filed April 20th, 2009, does not state 

any objections with specificity, nor does it state with 

particularity all grounds for objections as required by Civil Rule 

53(D)(3)(b)(ii). The case law states that objections must be more 

than “indirectly addressed”; they must be specific and detailed. 

This is certainly not true in the pleading filed by Larry Gossard. 

 Notwithstanding the failure of Defendant to delineate any 

detailed, specific Objections, the Court, upon independent 

review of the December 15th, 2008 Magistrate’s Decision, finds 

that there is sufficient information contained therein to allow a 

determination as to the appropriateness of same. 

 Accordingly, there being no error of law or defect on the 

face of said Decision, the Court adopts and approves the findings 

 

1

 We note that Larry filed initial objections on December 29, 2008, within Civ.R. 53(D)(3)(b)(i)’s fourteenday filing deadline, and requested for an extension of time to further delineate his objections after a 

transcript of the proceedings was completed. (Doc. No. 104). The trial court granted said extension on 

December 31, 2008. (Doc. No. 106). 
Case No. 6-09-09 

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of fact and conclusions of law contained therein and makes the 

same the Order of this Court, without modification. 

(May 12, 2009 JE, Doc. No. 131). 

{¶12} Upon independent review of objections filed by Larry Gossard on 

April 20, 2009, we conclude that the trial court did not err in finding that Larry’s 

objections failed to meet Civ.R. 53(D)(3)(b)(ii)’s specificity and particularity 

requirements. Larry’s filing is twenty-one (21) pages, single-spaced. (Doc. No. 

126).2

 The document appears to be divided into two main sections: the first 

section, though not entitled as such, recites—in lengthy narrative paragraphs—the 

alleged factual errors made by the magistrate with citations to the transcript; the 

second section is entitled “LEGAL ERRORS” and—again in lengthy narrative 

paragraphs— catalogues several alleged errors of law made by the magistrate with 

legal citations tacked on the narration. (Doc. No. 126). Although Larry’s filing 

makes some affirmative statements such as “the Magistrate failed to recognize this 

factor” or it was “error for the Magistrate to * * *,” these statements were not 

specified or particularized as objections such that the trial court could identify 

them as such. In fact, two triers of fact carefully reading Larry’s filing for 

potential objections would likely have two different lists. Civ.R. 53(D)(3)(b)(ii) 

clearly places the burden upon the objecting party to identify with specificity and 

 

2

 We note that Larry’s April 20, 2009 filing is essentially, if not word for word, the exact document he filed 

on December 29, 2008. The only apparent difference is that the later has citations to the transcript. (Doc. 

Nos. 104, 126). 
Case No. 6-09-09 

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particularity their objections. It was not the trial court’s responsibility to read 

Larry’s twenty-one page, single space filing and decipher potential objections. 

{¶13} Therefore, Larry’s first assignment of error is overruled. 

ASSIGNMENT OF ERROR II 

FAILING TO ISSUE A SHARED PARENTING PLAN AS 

SUBMITTED BY THE APPELLANT IS NOT IN THE BEST 

INTEREST OF THE CHILD WITH SPECIAL MEDICAL 

NEEDS. 

ASSIGNMENT OF ERROR III 

THE TRIAL COURT ERRED IN AWARDING ATTORNEY 

FEES TO THE APPELLEE WHEN THE APPELLEE FAILED 

TO TIMELY PRODUCE DOCUMENTS AFTER SEVERAL 

ATTEMPTS BY THE APPELLANTS TO SEEK THE SAME 

AND THEN THE TRIAL COURT USED EQUITY TO 

OFFSET THE ATTORNEY FEES THAT WERE AWARDED 

APPELLEE[.] 

ASSIGNMENT OF ERROR IV 

THE COURT ERRED IN FAILING TO TAKE INTO 

CONSIDERATION THE SECOND MORTGAGE PLACED 

ON APPELLANT’S MARITAL HOME DURING THE 

MARRIAGE AND FUNDS TAKEN BY APPELLEE FROM 

THE ACCOUNT. 

ASSIGNMENT OF ERROR V 

THE TRIAL COURT ERRED BY AWARDING THE 

APPELLANT’S PRE-MARITAL CAR TO THE APPELLEE 

AND DEVALUED THE CAR FOR EQUITY IN THE 

PROPERTY DISTRIBUTION TO THE APPELLEE DUE TO 

THE WASTE OF THE APPELLEE. 
Case No. 6-09-09 

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ASSIGNMENT OF ERROR VI 

THE TRIAL COURT ERRED BY AWARDING THE CHILD 

TAX EXEMPTION TO APPELLEE. 

ASSIGNMENT OF ERROR VII 

COURT ERRED IN FAILING TO DETERMINE A DEFACTO TERMINATION OF MARRIAGE DATE OF THE 

MARRIAGE WAS THE DATE THE APPELLEE VACATED 

THE PRE-MARITAL HOME JANUARY 5, 2007. 

ASSIGNMENT OF ERROR VII [SIC] 

COURT ERRED IN FAILING TO DETERMINE FINANCIAL 

MISCONDUCT ON THE PART OF PLAINTIFF-APPELLEE. 

{¶14} Larry has presented seven remaining assignments of error for our 

review. 

{¶15} Civ.R. 53(D)(3)(b)(iv), however, provides, that “[e]xcept for a claim 

of plain error, a party shall not assign as error on appeal the court’s adoption of 

any factual finding or legal conclusion * * * unless the party has objected to that 

finding or conclusion as required by Civ.R. 53(D)(3)(b).” As we have already 

found, Larry has failed to object as required under Civ.R. 53(D)(3)(b)(ii), and 

therefore, he has waived all but plain error on appeal. With the exception of his 

eighth assignment of error, Larry has not asserted plain error on appeal, and thus, 

we need not consider his second, third, fourth, fifth, sixth, and seventh 

assignments of error further. See, e.g., Cravens v. Cravens, 12th Dist. No. 

CA2008-02-033, 2009-Ohio-1733, ¶31, citing Civ.R. 53(D)(3)(b)(ii), (iv); Marder 
Case No. 6-09-09 

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v. Marder, 12th Dist. No. CA2007-06-069, 2008-Ohio-2500, ¶42. Aside from 

that, the trial court reviewed the magistrate’s decision in accordance with Civ.R. 

53(D)(4)(c) and concluded that the decision did not contain an error of law or 

other defect evident on its face. We find no error in the trial court’s Civ.R. 

53(D)(4)(c) determination. 

{¶16} Larry’s second, third, fourth, fifth, sixth, and seventh assignments of 

error are, therefore, overruled. 

{¶17} In his eighth assignment of error, Larry argues that the trial court 

committed plain error when it failed to consider Heather’s alleged financial 

misconduct upon review of the magistrate’s decision. We disagree. 

{¶18} “A ‘plain error’ is obvious and prejudicial although neither objected 

to nor affirmatively waived which, if permitted, would have a material adverse 

affect on the character and public confidence in judicial proceedings.” Brandon v. 

Brandon, 3d Dist. No. 10-08-13, 2009-Ohio-3818, ¶38, quoting Schade v. 

Carnegie Body Co. (1982), 70 Ohio St.2d 207, 209, 436 N.E.2d 1001. “[I]n 

appeals of civil cases, the plain error doctrine is not favored and may be applied 

only in the extremely rare case involving exceptional circumstances where error, 

to which no objection was made at the trial court, seriously affects the basic 

fairness, integrity, or public reputation of the judicial process, thereby challenging 

the legitimacy of the underlying judicial process itself.” Brandon, 2009-Ohio-
Case No. 6-09-09 

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3818, at ¶37, quoting Goldfuss v. Davidson (1997), 79 Ohio St.3d 116, 679 N.E.2d 

1099, syllabus. 

{¶19} The magistrate found that Larry failed to demonstrate Heather 

committed financial misconduct with regard to several of his allegations. (Dec. 18, 

2008 Decision, Doc. No. 103). Specifically, the magistrate found that Larry failed 

to demonstrate how Heather profited from her actions or effectively impeded his 

right to an equitable division of marital property. (Id.). Finally, the magistrate 

found that most of the money Heather withdrew from Larry’s checking account 

was used for necessities. (Id.). With regard to those items the magistrate found 

unreasonable, Heather was ordered to reimburse Larry in the amount of $2,112.07. 

(Id.). The trial court, for its part, approved and adopted the magistrate’s decision 

in its entirety, which included the $2,112.07 reimbursement for those items 

Heather purchased, which the magistrate found unreasonable. (May 12, 2009 JE, 

Doc. No. 131, Exhibit A attached). 

{¶20} Before compensating a spouse for the offending spouse’s financial 

misconduct, “there must be a clear showing that the offending spouse either 

profited from the alleged misconduct or intentionally defeated the other spouse’s 

distribution of assets.” Eggeman v. Eggeman, 3d Dist. No. 2-04-06, 2004-Ohio6050, ¶24, citing Wideman v. Wideman, 6th Dist. No. WD-02-30, 2003-Ohio1858, ¶34; Detlef v. Detlef (Dec. 14, 2001), 6th Dist. No. L-00-1137. After 
Case No. 6-09-09 

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reviewing the testimony, the magistrate concluded that Larry had failed to meet 

this burden with respect to several of his allegations of financial misconduct. We 

cannot conclude that the magistrate’s decision, or the trial court’s adoption 

thereof, in this regard amounted to plain error that “seriously affect[ed] the basic 

fairness, integrity, or public reputation of the judicial process, thereby challenging 

the legitimacy of the underlying judicial process itself.” Brandon, 2009-Ohio3818, at ¶37, quoting Davidson, 79 Ohio St.3d 116, syllabus. 

{¶21} Larry’s eighth and final assignment of error is, therefore, overruled. 

{¶22} Having found no error prejudicial to the appellant herein in the 

particulars assigned and argued, we affirm the judgment of the trial court. 

Judgment Affirmed 

ROGERS and SHAW, J.J., concur. 

/jlr