Login | July 23, 2025
Appeals panel denies man’s request for a second continuance
KEITH ARNOLD
Special to the Legal News
Published: July 22, 2025
A Franklin County appeals court panel affirmed a trial court’s denial of a Grove City man’s request for a second continuance in a civil protection order hearing.
The three-judge panel of the Tenth District Court of Appeals determined that the Franklin County Common Pleas Court’s ruling was neither unreasonable nor arbitrary as 55-year-old John McNamee had argued in the appeal.
“Here, the trial court appropriately balanced the requirements of R.C. 3113(D)(2)(a) and the guidance of the Supreme Court of Ohio with the needs of the parties,” Tenth District Judge Kristin Boggs wrote for the court. “… As the trial court noted, the reasons for McNamee’s second continuance request were the same as the reasons for his first request to continue the Aug. 19, 2024, hearing.”
April Harvey, 49, of Grove City filed a petition for a civil protection order, or CPO, against McNamee Aug. 6, 2024, in the Domestic Relations division of the court, according to case background.
The couple had been engaged in a long-term relationship that Harvey had tried to end in 2023, testimony provided. Her petition stated that McNamee assaulted her the previous month and that since the assault, he had been driving past her home and workplace.
The trial court granted Harvey a temporary CPO against McNamee and scheduled a full CPO hearing for Aug.19, 2024, summary detailed. On the day of the hearing, McNamee appeared at court with his attorney and requested a continuance, which the court granted until Sept. 4, 2024.
McNamee and his attorney signed the continuance entry, noting the reasons to support their request were to provide time to obtain counsel and “for good cause” relating to a pending domestic violence case.
Both Harvey and McNamee appeared at the continued full CPO hearing without counsel, summary continued. McNamee told the judge that his new lawyer, which he had hired the night before, was unable to attend the hearing and sought another continuance.
The judge stated that that had been the purpose for the previous continuance and that the Supreme Court of Ohio allows for 30 days to resolve such cases.
The trial court denied McNamee’s request for a second continuance.
The full CPO hearing proceeded with Harvey being duly sworn in to testify to support her request for order. She described a June 28, 2024, altercation in which McNamee’s son hit her and McNamee choked her until she lost consciousness. It took place in Michigan, she said, adding that McNamee continued to stop by her Michigan residence and her Grove City home.
When asked if he had anything to say, McNamee stated that he was innocent and that he was collecting evidence to prove his innocence. He declined to testify, advising the judge he would state his case at the appeal.
“No information was provided by McNamee to explain why the initial continuance was insufficient,” Boggs continued. “Although McNamee testified that he hired counsel the night before the rescheduled hearing, there was no notice of appearance entered showing that he secured new counsel” nor did he provide an explanation why his previous attorney was not there to represent him.
The 3-0 panel determined the trial court did not abuse its discretion as “McNamee failed to demonstrate that he did not squander the additional time he was provided when the court granted his first continuance request.”
Regarding McNamee’s assertion that the trial court erred in failing to have a full hearing as required by law, the appellate panel determined there was no basis for the claim.
“Nothing in the record supports a finding that McNamee was denied a full hearing,” Boggs wrote. “McNamee was present for the entire hearing, and he was duly sworn in to offer his testimony. It does appear, however, that McNamee made a calculated choice not to fully participate in the CPO hearing. … Thus, it was McNamee’s choice not to put forward any further evidence, and we cannot find that the trial court denied him the opportunity for a full hearing.”
Tenth District Judges Julia Dorrian and David Leland concurred with Boggs’ opinion.
Copyright © 2025 The Daily Reporter - All Rights Reserved