[Cite as Mayer v. Scyphers, 2014-Ohio-2200.]

COURT OF APPEALS 

MORROW COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

FRANK R. MAYER II : JUDGES: 

 : 

 : Hon. William B. Hoffman, P.J. 

 Plaintiff-Appellee : Hon. Sheila G. Farmer, J. 

 : Hon. Patricia A. Delaney, J. 

-vs- : 

 : Case No. 13CA0009 

 : 

DEANNE M. SCYPHERS : 

 : 

 : 

 Defendant-Appellant : O P I N I O N

CHARACTER OF PROCEEDING: Appeal from the Morrow County Court of 

Common Pleas, Juvenile Division Case 

No. 2012 JUCST 00085 

JUDGMENT: AFFIRMED 

DATE OF JUDGMENT ENTRY: May 19, 2014 

APPEARANCES: 

For Plaintiff-Appellee: For Defendant-Appellant: 

 

TOM C. ELKIN JOHN C. FILKINS 

P.O. Box 189 101 W. Sandusky St., Suite 204 

Mt. Gilead, OH 43338 Findlay, OH 45840 

 
Morrow County, Case No. 13CA0009 2 

Delaney, J. 

{¶1} Appellant Deanne M. Scyphers (“Mother”) appeals from the October 21, 

2013 judgment entry of the Morrow County Court of Common Pleas, Domestic 

Relations Division. Appellee is Frank R. Mayer II (“Father”). 

FACTS AND PROCEDURAL HISTORY 

{¶2} On April 18, 2012, Father filed a complaint to establish parental rights and 

responsibilities of A.C.S., born December 23, 2011. Paternity was established through 

the Morrow County Child Support Enforcement Agency. Father sought designation as 

residential and custodial parent of A.C.S. 

{¶3} The matter proceeded to final hearing before the magistrate on May 21, 

2013. On July 15, 2013, the magistrate issued Findings of Fact and Conclusions of Law 

which Mother objected to on July 29, 2013, challenging, e.g., the magistrate’s allocation 

of visitation to Father and the recommendation that guardian ad litem fees should be 

split equally. 

{¶4} On October 18 and October 21, 2013, the trial court overruled Mother’s 

objections because no transcript was ordered of the proceedings. 

{¶5} Mother now appeals from the trial court’s Journal Entry of October 21, 

2013. 

{¶6} Mother raises two assignments of error: 

ASSIGNMENTS OF ERROR 

{¶7} “I. THE TRIAL COURT ERRED AS A RESULT OF ITS GRANTING TO 

THE APPELLEE PARENTING TIME IN EXCESS OF ALTERNATE WEEKENDS AND 
Morrow County, Case No. 13CA0009 3 

IN EXCESS OF THE TRIAL COURT’S LOCAL RULE FOR SAME IS NOT IN THE 

BEST INTEREST OF THE MINOR CHILD.” 

{¶8} “II. THE TRIAL COURT ERRED IN ORDERING THE EQUAL DIVISION 

OF GUARDIAN AD LITEM FEES BASED UPON THE FACT THAT APPELLEE 

REQUESTED THE APPOINTMENT OF THE GUARDIAN AND THE APPELLEE 

EARNS $52,000.00 A YEAR AND THE APPELLANT HAS IMPUTED INCOME OF 

$16,000.00 A YEAR.” 

ANALYSIS 

I., II.

{¶9} Mother challenges the trial court’s decision to grant Father Visitation in 

excess of alternate weekends and in excess of Local Rule 2, asserting its decision is 

not in the best interest of the child, and argues the trial court should not have assessed 

half the guardian ad litem fee against Mother. Mother has not provided a transcript of 

the proceedings below, however, and we have no alternative but to affirm. 

{¶10} In reviewing assigned error on appeal we are confined to the record 

before the trial court as defined in App.R. 9(A). This rule provides that the record on 

appeal consists of “[t]he original papers and exhibits thereto filed in the trial court, the 

transcript of proceedings, if any, including exhibits, and a certified copy of the docket 

and journal entries prepared by the clerk of the trial court.” The trial court in the instant 

case noted no transcript was provided with objections to the magistrate’s decision. 

{¶11} App.R. 9(B) also provides in part “ * * *[w]hen portions of the transcript 

necessary for resolution of assigned errors are omitted from the record, the reviewing 
Morrow County, Case No. 13CA0009 4 

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.” 

{¶12} In Knapp v. Edwards Laboratories the Ohio Supreme Court stated: “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.” 61 Ohio St.2d 197, 199, 400 N.E.2d 384 (1980). In this case, 

Mother makes reference only to the magistrate’s decision, not to the record. 

{¶13} Appellant has not provided a transcript of the final hearing which began on 

May 21, 2013. Without a transcript, we must presume the regularity of the trial court’s 

proceeding. Rachel v. Rachel, 5th Dist. Stark No. 2012CA00243, 2013-Ohio-3692, ¶ 

23, appeal not allowed, 137 Ohio St.3d 1473, 2014-Ohio-176, 2 N.E.3d 268, citing 

Knapp, supra. 

{¶14} Mother’s two assignments of error are overruled. 
Morrow County, Case No. 13CA0009 5 

CONCLUSION 

{¶15} The two assignments of error are overruled and the judgment of the 

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

By: Delaney, J. and 

Hoffman, P.J. 

Farmer, J., concur. 

 
Morrow County, Case No. 13CA0009 6 

Hoffman, P.J., concurring 

{¶16} I fully concur in the majority's analysis and disposition of Appellant's first 

assignment of error. 

{¶17} I further concur in the majority's disposition of Appellant's second 

assignment of error. However, I do not believe a transcript of the May 21, 2013 hearing 

is necessary for our resolution of this assigned error. Nevertheless, I concur in 

overruling it as I find no abuse of discretion by the trial court's ordering the guardian ad 

litem fee split equally between the parties.