WERTZ v. WERTZ

Appellate No. 23180.

2009 Ohio 6001

Philip A. Wertz, Plaintiff-Appellant, v. Gail E. Wertz (Martin), Defendant-Appellee.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on November 13, 2009.


Attorney(s) appearing for the Case

Richard Hempfling, Atty. Reg. #0029986, Flanagan, Lieberman, Hoffman & Swaim, 15 West Fourth Street, Suite 100, Dayton, Ohio 45402, Attorney for Plaintiff-Appellant.

Keith R. Kearney, Atty. Reg. #003191, Rodgers & Greenberg, L.L.P., 2160 Kettering Tower, Dayton, Ohio 45423, Attorney for Defendant-Appellee.


OPINION

BROGAN, J.

{¶ 1} This case is before the court on Philip Wertz's appeal from a domestic relations court's decision to modify spousal support. The trial court modified its original five-year support order because the health of Philip's former wife, Gail Martin (formerly Wertz), had deteriorated substantially in the year before support was to end. Philip contends that the trial court lacks jurisdiction under R.C. 3105.18(E) to modify...

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