Blakemore v. Blakemore, 450 N.E.2d 1140 (Ohio 1983). · Go Syfert
Blakemore v. Blakemore, 450 N.E.2d 1140 (Ohio 1983). Cases Citing This Book View Copy Cite
23,039 citation events (20,491 in the last 25 years) across 30 distinct courts.
Strongest positive: State v. Morgan (ohioctapp, 2025-06-30)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State v. Morgan (2×) also: Cited as authority (rule)
Ohio Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
an abuse of discretion implies that the trial court's attitude is unreasonable, arbitrary, or unconscionable.
discussed Cited as authority (verbatim quote) McKinley v. Hall
Ohio Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
an abuse of discretion occurs when a decision is unreasonable, arbitrary, or unconscionable.
discussed Cited as authority (verbatim quote) Mentor v. Sines
Ohio Ct. App. · 2015 · signal: see also · quote attribution · 1 verbatim quote · confidence high
abuse of discretion' connotes more than an error of law or judgment; it implies that the court's attitude is unreasonable, arbitrary or unconscionable.
discussed Cited as authority (verbatim quote) Yohannes Parkwood, Inc. v. Ohio Liquor Control Comm.
Ohio Ct. App. · 2014 · signal: see also · quote attribution · 1 verbatim quote · confidence high
abuse of discretion' connotes more than an error of law or judgment; it implies that the court's attitude is unreasonable, arbitrary or unconscionable.
examined Cited as authority (quoted) In re D.S. (Slip Opinion) (6×)
Ohio · 2017 · signal: see · quote attribution · 6 verbatim quotes · confidence high
the term "abuse of discretion" implies that the court's attitude is unreasonable, arbitrary or unconscionable
examined Cited as authority (quoted) Magda v. Ohio Elections Comm. (3×)
Ohio Ct. App. · 2016 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
abuse of discretion' connotes more than an error of law or judgment; it implies that the court's attitude is unreasonable, arbitrary or unconscionable.
examined Cited as authority (quoted) Cleveland v. Washington (2×)
Ohio Ct. App. · 2013 · quote attribution · 2 verbatim quotes · confidence low
abuse of discretion' connotes more than an error of law or judgment; it implies that the court's attitude is unreasonable, arbitrary or unconscionable
discussed Cited as authority (quoted) In re S.S.
Ohio Ct. App. · 2011 · quote attribution · 1 verbatim quote · confidence low
when applying the abuse of discretion standard, an appellate court may not merely substitute its judgment for that of the trial court.
discussed Cited as authority (rule) FIG OH18, L.L.C. v. Valentik
Ohio Ct. App. · 2026 · confidence medium
An abuse of discretion “‘implies that the court’s attitude is unreasonable, arbitrary or unconscionable.’” W.A.F.P., Inc. v. Sky Fuel Inc., 2024-Ohio-3297, ¶ 13 (8th Dist.), quoting Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) State v. Dyer
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) Vora v. Vora
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶ 231} The partial decision issued on October 26, 2023, addressed spousal support.
discussed Cited as authority (rule) State v. Woods
Ohio Ct. App. · 2026 · confidence medium
An abuse of discretion is more than a mere error of law; “it implies that the court’s attitude is unreasonable, arbitrary[,] or unconscionable.” Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶9} A trial court may grant a new trial when an event or circumstance that materially and adversely affected the defendant’s “substantial rights” has occurred.
discussed Cited as authority (rule) In re C.A.
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶43} The trial court has authority to exercise its discretion to grant a second six-month extension of temporary custody, however, only if the moving party has proved by clear and 15 convincing evidence all of the following: “the additional extension is in the best interest of the child, there has been substantial additional progress since the original extension of temporary custody in the case plan of the child, there has been substantial additional progress since the original extension of temporary custody toward reunifying the child …
cited Cited as authority (rule) In re M.L.
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) State v. D'Andrea
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) N. Ridgeville v. Standen
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) State v. Cottrell
Ohio Ct. App. · 2026 · confidence medium
“An abuse of discretion implies that the trial court's attitude was unreasonable, arbitrary, or unconscionable.” Manning at ¶ 7, citing Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) State v. Owens
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) State v. Prouty
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) State v. Birt
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) Pelfrey v. Pelfrey
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶ 15} “Contempt of court” is defined as “‘disobedience of an order of a court.
discussed Cited as authority (rule) In re K.S.J. (2×) also: Cited "see"
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
discussed Cited as authority (rule) In re A.J.M.
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶17} The magistrate made findings going to many of these best interest factors as follows. {¶18} As to the first factor, the child and grandmother have had no substantial contact for the past two years.
cited Cited as authority (rule) State v. A.K.
Ohio Ct. App. · 2026 · confidence medium
State v. Beasley, 2018-Ohio-16, ¶ 12 , citing Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
discussed Cited as authority (rule) Siegel v. State
Ohio Ct. App. · 2026 · confidence medium
Put another way, an abuse of discretion “implies that the No. 25AP-388 7 court’s attitude is unreasonable, arbitrary or unconscionable.” Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶ 11} Therefore, we may reverse the trial court’s adoption of the magistrate’s decision only if the trial court acted unreasonably, arbitrarily, or unconscionably, and “ ‘[w]hen reviewing a trial court’s disposition of objections to a magistrate’s report, we will not reverse the trial court’s decision if it is supported by some competent, credible evidence.’ ” McNeilan v. The Ohio…
discussed Cited as authority (rule) Smith v. Conti
Ohio Ct. App. · 2026 · confidence medium
An abuse of discretion is more than a mere error of law; “it implies that the court’s attitude is unreasonable, arbitrary[,] or unconscionable.” Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶15} The four defendants initially hired attorney Wesley Johnston to represent them in the trial court.
cited Cited as authority (rule) State v. Charleston
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) In re T.L.
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
discussed Cited as authority (rule) Robinson v. Robinson
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶ 18} While we apply an abuse of discretion standard, we have also stated: “When considering what sanction to impose for a party’s failure to comply with discovery, ‘“the trial court must consider the posture of the case and what efforts, if any, preceded the noncompliance and then balance the severity of the violation against the degree of possible sanctions, selecting that sanction which is most appropriate.”’” Stratacache, Inc. v. Wenzel, 2019-Ohio-3523, ¶ 35 (2d Dist.), quoting Dayton Modulars, Inc. v. Dayton View Commu…
cited Cited as authority (rule) State v. Trischler
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) S.D. v. S.L.
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
discussed Cited as authority (rule) State v. Brock
Ohio Ct. App. · 2026 · confidence medium
"An abuse of discretion occurs when the trial court is 'unreasonable, arbitrary[, or] . . . unconscionable' and 'did not engage in a sound reasoning process.'" State v. Tanner, 2025-Ohio-5689, ¶ 27 (12th Dist.), citing Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶ 66} The materials were obtained by Detective Abbitt pursuant to search warrants issued to Verizon and Meta, and she testified that she reviewed them during the course of her investigation.
discussed Cited as authority (rule) Louden v. Louden
Ohio Ct. App. · 2026 · confidence medium
An abuse of discretion “connotes more than an error of judgment; it implies that the court’s attitude is unreasonable, arbitrary or unconscionable.” Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) Restoration Resources, Inc. v. Williams
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶10} In this case, the magistrate found Restoration Resources had proven the allegations in its complaint by a preponderance of the evidence.
cited Cited as authority (rule) R.C. v. A.C.
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) Ward v. Grounds
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
discussed Cited as authority (rule) State v. Dukes
Ohio Ct. App. · 2026 · confidence medium
An abuse of discretion is more than a mere error of law; “it implies that the court’s attitude is unreasonable, arbitrary[,] or unconscionable.” Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶49} After the verdicts were read aloud in court, the trial judge provided counsel with the opportunity to review the verdict forms.
discussed Cited as authority (rule) Housel v. Winking Lizard Tavern
Ohio Ct. App. · 2026 · confidence medium
An abuse of discretion “‘implies that the court’s attitude is unreasonable, arbitrary or unconscionable.’” W.A.F.P., Inc. v. Sky Fuel Inc., 2024-Ohio-3297, ¶ 13 (8th Dist.), quoting Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) Garrison v. Columbus
Ohio Ct. App. · 2026 · confidence medium
State v. Beasley, 2018-Ohio-16, ¶ 12 , citing Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) State v. Cleavenger
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) In re K.G.
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
discussed Cited as authority (rule) DiPalma v. Whipple
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶13} In its June 8, 2022 judgment entry, which was appealed to this Court in DiPalma, 2023-Ohio-1023 , the trial court stated, “[Mr. Whipple] may file another Motion to Modify Support once the Supreme Court of Ohio rules on [his] request to retire if he so chooses.” We reversed the June 8, 2022 judgment of the trial court and remanded the matter, stating, “the trial court abused 6 its discretion by concluding that [Mr. Whipple] was not retired based solely on the status of his application with the Supreme Court of Ohio.” DiPalma 2…
discussed Cited as authority (rule) Smith v. Avery
Ohio Ct. App. · 2026 · confidence medium
An abuse of discretion has occurred when the trial court’s decision was “unreasonable, arbitrary, or unconscionable” and was not “merely an error of law or judgment.” State v. Thompson, 2015-Ohio-92, ¶ 18 (5th Dist.), citing Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶12} And we review a ruling on a Civil Rule 12(B)(6) motion to dismiss — which Avery did file in the trial court — with fresh eyes.
cited Cited as authority (rule) Anthony v. Woolbright
Ohio Ct. App. · 2026 · confidence medium
An abuse of discretion “implies that the court’s attitude is unreasonable, arbitrary or unconscionable.” Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) In re A.B.
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) Hilliard Lending, L.L.C. v. H-9, L.L.C.
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) Guo v. Meade Motorcars, L.L.C.
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
discussed Cited as authority (rule) In re Z.P.
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶30} In evaluating whether the trial court abused its discretion by denying a continuance request, we apply a balancing test and consider (1) the length of the requested delay, (2) whether other continuances had been requested and granted, (3) the convenience or inconvenience to the parties, witnesses, counsel, and court, (4) whether the delay was for legitimate reasons or was instead dilatory, purposeful, or contrived, (5) whether the party contributed to the circumstances giving rise to the request, (6) whether denying the continuance r…
cited Cited as authority (rule) In re B.C.
Ohio Ct. App. · 2026 · confidence medium
Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
cited Cited as authority (rule) In re B.W.
Ohio Ct. App. · 2026 · confidence medium
An abuse of discretion “implies that the court’s attitude is unreasonable, arbitrary, or unconscionable.” Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).
Retrieving the full opinion text from the archive…
Blakemore
v.
Blakemore
No. 81-1935.
Ohio Supreme Court.
Jul 6, 1983.
450 N.E.2d 1140
Messrs. Calhoun, Waddell, Ufholz & Hunt and Mr. Howard L. Calhoun, for appellee., Blakemore, Rosen & Norris Co., L.P.A., Mr. Bernard I. Rosen and Mr. James F. Burke, Jr., for appellant.
Brown, Celebrezze, Eighth, Holmes, Koehler, Locher, Patton, Sweeney, Twelfth.
Cited by 14,110 opinions  |  Published
4 passages pin-cited by 4 cases
Pinpoint authority: #22,057 of 633,719
Citer courts: Ohio Supreme Court (6) · Ohio Court of Appeals (6)
Sweeney, J.

The leading case with respect to termination of sustenance alimony in Ohio, Wolfe v. Wolfe (1976), 46 Ohio St. 2d 399 [75 O.O.2d 474], stated at page 414:

“Any grant of ‘alimony’ for sustenance is necessarily co-extensive with the court’s determination that it is needed and warranted. Such authentication and supervision is accomplished through the continuing jurisdiction of the court.”

Then, in Cherry v. Cherry (1981), 66 Ohio St. 2d 348 [20 O.O.3d 318], this court stated at page 355:

“* * * A trial court must have discretion to do what is equitable upon the facts and circumstances of each case.

“Of course, a trial court’s discretion, though broad, is not unlimited. A reviewing court may modify or reverse a property division, if it finds that the trial court abused its discretion in dividing the property as it did. Section 3 (B), Article IV of the Ohio Constitution; App. R. 12.”

The issue before us in this cause is whether the court of appeals was correct in reinstating the sustenance alimony payments terminated by the trial court. Stated differently, we must determine whether the trial court abused its discretion in terminating alimony payments to the appellee in the modification decision of March 20, 1981.

A trial court in any domestic relations action has broad discretion in fashioning an equitable division of marital property, Berish v. Berish (1982), 69 Ohio St. 2d 318 [23 O.O.3d 296]; and when appropriate, in awarding alimony based on need. Wolfe v. Wolfe, supra.

In the instant case, the court of appeals did not apply the proper standard of review in reversing the trial court’s termination of sustenance alimony payments. The trial court’s judgment cannot be disturbed on appeal absent a showing that the trial court abused its discretion. Koegel v. Koegel (1982), 69 Ohio St. 2d 355, at 357 [23 O.O.3d 320]; Cherry v. Cherry, supra, [*219] at 355; Berish, supra, at 319. See, also, Dennison v. Dennison (1956), 165 Ohio St. 146, 150 [59 O.O. 210].

The term “abuse of discretion” was defined by this court in State v. Adams (1980), 62 Ohio St. 2d 151, 157 [16 O.O.3d 169]:

“The term ‘abuse of discretion’ connotes more than an error of law or judgment; it implies that the court’s attitude is unreasonable, arbitrary or unconscionable. Steiner v. Custer (1940), 137 Ohio St. 448 [19 O.O. 148]; Conner v. Conner (1959), 170 Ohio St. 85 [9 O.O.2d 480]; Chester Township v. Geauga Co. Budget Comm. (1976), 48 Ohio St. 2d 372 [2 O.O.2d 484].”

Although Adams dealt with “abuse of discretion” in a criminal law context, our citation of Conner implies that the term has the same meaning when applied in a domestic relations context.

The appellate court in the instant case was incorrect in substituting its judgment for that of the trial court. Given the evidence in the record that was carefully reviewed by the trial judge, we cannot find that the decision to terminate sustenance alimony to appellee was either unreasonable, arbitrary or unconscionable.

The trial judge in the case sub judice found sufficient changed circumstances which he believed justified a termination of sustenance alimony payments, when he made his specific findings of fact and conclusions of law. In particular, with reference to the factors enumerated in R.C. 3105.18,[1] the trial judge found that appellee had acquired employment at an annual salary of approximately $11,500 per year with fringe benefits such as medical insurance and a pension plan; that she had sold the marital home and obtained a profit which enabled her to purchase a new home free of mortgages or en[*220] cumbrances; that she was able to loan a friend $2,100; that she had at the time of the hearing, $47,000 in various bank accounts; and that she was netting a little in excess of $7,000 per year on rents from a parking lot that she received in the original property settlement.

Taking into account all of these factors, the trial judge held that “[appellee’s] income exclusive of the alimony payments exceeds her needs by her own testimony.” These changed circumstances stand in stark contrast to the situation the appellee confronted at the time of the divorce, when she was suffering from mental and emotional difficulties, was unemployed and was in need of alimony payments to at least meet her expenses.

In Wolfe, this court declined to set up a rule whereby post-divorce unchastity, standing alone, would be sufficient grounds to terminate sustenance alimony. By the same token, by holding that the trial judge did not abuse his discretion in terminating the sustenance alimony payments, we are not suggesting that the acquisition of gainful employment automatically eliminates the need for sustenance alimony. However, it is a factor which could and should be considered in a modification or termination proceeding. As we noted in Cherry, supra, at 355:

“* * * it is ill-advised and impossible for any court to set down a flat rule concerning property division upon divorce.”

Similarly, we find it ill-advised to set down a per se rule concerning spousal employment with respect to an alimony modification proceeding. In addition, our decision today should not be interpreted as a foreclosure to appellee for any possible reinstatement of alimony in the future. Under the continuing jurisdiction of the trial court, the appellee can move to reinstate the alimony upon proper pleading and proof of need therein. Wolfe, supra.

Taking into account the totality of circumstances as contained in the record, along with the findings of fact and conclusions of law set forth by the trial judge, we hold that the trial judge did not abuse his discretion in terminating the alimony payments in the modification proceeding below.[2]

Therefore the judgment of the court of appeals is reversed.

Judgment reversed.

[*221] Celebrezze, C.J., Patton, Locher, Holmes, C. Brown and Koehler, JJ., concur. Patton, J., of the Eighth Appellate District, sitting for W. Brown, J. Koehler, J., of the Twelfth Appellate District, sitting by assignment.
1

R.C. 3105.18 provides:

“(A) In a divorce, dissolution of marriage, or alimony proceedings, the court of common pleas may allow alimony as it deems reasonable to either party.
“The alimony may be allowed in real or personal property, or both, or by decreeing a sum of money, payable either in gross or by installments, as the court deems equitable.
“(B) In determining whether alimony is necessary, and in determining the nature, amount, and manner of payment of alimony, the court shall consider all relevant factors, including:
“(1) The relative earning abilities of the parties;
“(2) The ages, and the physical and emotional conditions of the parties;
“(3) The retirement benefits of the parties;
“(4) The expectancies and inheritances of the parties;
“(5) The duration of the marriage;
“(6) The extent to which it would be inappropriate for a party, because he will be custodian of a minor child of the marriage, to seek employment outside the home;
“(7) The standard of living of the parties established during the marriage;
“(8) The relative extent of education of the parties;
“(9) The relative assets and liabilities of the parties;
“(10) The property brought to the marriage by either party;
“(11) The contribution of a spouse as homemaker.
“(C) In an action brought solely for an order for alimony under section 3105.17 of the Revised Code, any continuing order for periodic payments of money entered pursuant to this section is subject to further order of the court upon changed circumstances of either party.”
2

Although our decision here nullifies the effect of the appellate court’s imposition of a fifteen percent interest rate on alimony arrearages, we must note that such an interest rate is clearly contrary to law.

R.C. 1343.03 provides in pertinent part:

“In cases other than those provided for in sections 1343.01 and 1343.02 of the Revised Code, when money becomes due and payable upon * * * all judgments, decrees, and orders of any judicial tribunal for the payment of money arising out of a contract, or other transaction, the creditor is entitled to interest at the rate of eight per cent per annum, and no more.”

Given this explicit language, the court of appeals erred as a matter of law in setting an interest rate above the statutory allowance.