Charles v. Charles

Defendant-appellant appeals from that portion of the trial court’s judgment entry of divorce which granted to his former wife, the plaintiff-appellee, custody of their two-year-old daughter.

Plaintiff has not filed a brief. Accordingly, in determining the appeal, this court may accept defendant’s statement of the facts and issues as correct, and reverse the portion of the judgment complained of by defendant, if his brief reasonably appears to sustain such action. App. R. 18(C).

The essence of defendant’s appeal is found in his third assignment’of error:

“The trial court erred as a matter of law…