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5 / 12

5

filed

a

written

decision

on

March

18,

2010.

(Dkt.

42).

The

magistrate denied Plez’s motion in contempt, finding that Lynn

was excused from compliance with the duty to transfer her title

to the Huntsville property to Plez imposed by Section 2.1 of the

decree because Plez had failed to pay Lynn the $8,000 Plez was

ordered to pay Lynn for reimbursement of her prior down payment

on

the

Huntsville

property.

The

magistrate

found

Plez

in

contempt for his failure to pay the $8,000 as well as joint debts

he

was

ordered

to

pay.

Plez

was

ordered

to

make

monthly

payments

of $500 to Lynn toward those obligations.

{¶ 14} The magistrate filed a second written decision on April

5, 2010 (Dkt. 46), overruling Plez’s Civ.R. 60(B) motion to vacate

the

decree.

The

magistrate

found

that

the

motion

lacked

merit.

The magistrate also found that the December 9, 2009 motion alleging

fraud was untimely under Civ.R. 60(B) because it was not filed

within one year after the March 9, 2006 decree the motion sought

to vacate.

filed

two

final

orders

ruling

on

those

2010.

One

final

order

overruled

Plez’s

{¶ 15} Plez filed timely objections to the magistrate’s two

decisions.

The

court

objections

on

May

20,

objections to the magistrate’s decision denying Plez’s motion for

Civ.R. 60(B) relief, and adopted the magistrate’s decision.

(Dkt.

56).

The

other

final

order

adopted

the

magistrate’s

decision

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