On Tuesday, November 12, 2024, Denise Knight filed a complaint in the Ohio Supreme Court against Judge Kani H. Hightower of the Summit County Court of Common Pleas. The case, which is an original action in mandamus and procedendo, stems from a protracted legal dispute following Knight’s divorce from her former husband, Aaron Knight.

Denise Knight, represented by attorney Mary E. Randazzo, contends that Judge Hightower has failed to fulfill her judicial duties regarding a joint motion the parties filed to modify their Separation Agreement. This agreement, which was incorporated into a Judgment Entry of Dissolution of Marriage dated September 1, 2021, allowed the parties to make changes if they were executed in writing and signed by both parties.

According to the complaint, on August 10, 2023, Denise and Aaron Knight submitted their signed agreement to modify their Separation Agreement along with a joint motion requesting the court to adopt these changes. The parties also filed a Waiver of Service as required by local rules, and a proposed order to formalize the modification. However, on August 14, 2023, the court issued an electronic notice indicating that the motion had been denied without providing any findings or conclusions. The judge’s electronic signature accompanied a stamped “denied” on the proposed order, leading to confusion over whether the denial pertained to the motion or the underlying agreement itself.

Denise Knight asserts that this lack of clarity has prevented her from understanding the court’s rationale, which is essential for any potential appeal. Following the denial, she filed a Motion for Findings of Fact and Conclusions of Law on August 18, 2023, but received no response from Judge Hightower. After months of inaction, Denise Knight’s attorney reached out to the Judge’s bailiff for a status update, only to be informed that the matter was on their radar but no timeline for a ruling could be provided.

As of March 2024, Denise Knight had waited over six months without any activity on her motion. This prompted her legal team to use the Case Inquiry Form provided by the Supreme Court of Ohio, which revealed that Judge Hightower would not issue the requested findings of fact and conclusions of law and suggested that Knight would need to file a writ.

On July 3, 2024, the court stamped a “denied” on a separate routing order related to the motion for findings, further complicating the situation. The complaint argues that over a year has passed since the initial request for findings of fact and conclusions of law, constituting an undue delay on the part of Judge Hightower.

Denise Knight’s legal team cites Ohio Civil Rule 52, which mandates that a trial court must issue findings of fact and conclusions of law upon timely request. They argue that Judge Hightower’s failure to act impedes Denise Knight’s right to appeal, as she cannot proceed without understanding the court’s decision.

The complaint requests the Ohio Supreme Court to issue a writ of mandamus, compelling Judge Hightower to correct the court record regarding the denied order, rule on the pending motion, and issue the required findings and conclusions. Knight is also seeking a writ of procedendo to ensure that the judge rules on the motions without further delay.

In summary, Denise Knight’s complaint highlights significant procedural issues and claims of judicial inaction, emphasizing the necessity for clarity and timeliness in court rulings. The case now awaits action from the Ohio Supreme Court, which has original jurisdiction over such matters, to determine the appropriate course of action regarding the alleged failures of Judge Hightower.

Judge Hightower was elected as a Summit County Domestic Relations Court Judge on November 8, 2022. She previously served as a magistrate at the Akron Municipal Court and has over fourteen years of experience as a private trial attorney, focusing on family, juvenile, and criminal law. Hightower is also an adjunct professor at the University of Akron Law School and has a history of advocating for indigent and underrepresented clients. Prior to her legal career, she was Clerk of Council for the City of Aurora, Ohio.

A copy of the original filing can be found here.