ABERNATHY v. ABERNATHY

No. 91735.

2009 Ohio 2263

Janice M. Abernathy, Plaintiff-Appellant, v. Timothy C. Abernathy, Defendant-Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: May 14, 2009.


Attorney(s) appearing for the Case

James M. Wilsman, James M. Wilsman Co., L.P.A., The Tower at Erieview, 1301 East Ninth Street, Suite 1100, Cleveland, Ohio 44114, Kimrey D. Elzeer, Bonezzi Switzer Murphy Polito & Hupp Co., L.P.A., 1300 East Ninth Street, Suite 1950, Cleveland, Ohio 44114-1501, Attorneys for Appellant.

Bernard P. Couture, Law Office of Bernard P. Couture, 1001 Leader Building, 526 Superior Avenue, East, Cleveland, Ohio 44114, Attorney for Appellee.

Before: Rocco, P.J., Kilbane, J., and Celebrezze, J.


JOURNAL ENTRY AND OPINION

KENNETH A. ROCCO, P.J.:

{¶ 1} Plaintiff-appellant, Janice M. Abernathy, appeals from an order of the domestic relations court. She asserts that the court erred as a matter of law by determining that her police and fire disability pension was a marital asset. She further complains that defendant-appellee, Timothy C. Abernathy, committed economic waste by depleting his own retirement benefits prematurely, so it is...

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