[Cite as Mousa v. Saad, 2019-Ohio-742.] IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT MARION COUNTY EMAD YOUHANNA MOUSA, CASE NO. 9-18-12 PLAINTIFF-APPELLANT, v. ARLET MOUNIR ISHAK SAAD, OPINION DEFENDANT-APPELLEE. Appeal from Marion County Common Pleas Court Family Division Trial Court No. 14-DR-0033 Judgment Affirmed in Part, Reversed in Part And Cause Remanded Date of Decision: March 4, 2019 APPEARANCES: Paul Giorgianni for Appellant Jeff Ratliff, J.C. Ratliff, Rocky Ratliff and Todd Anderson for Appellee Case No. 9-18-12 WILLAMOWSKI, J. {¶1} Plaintiff-appellant Emad Youhanna Mousa (“Mousa”) appeals the judgment of the Family Division of the Marion County Court of Common Pleas. Mousa challenges the order of the trial court on remand, following our prior decision in Mousa v. Saad, 3d Dist. Marion No. 9-16-43, 2017-Ohio-7116. For the reasons set forth below, the judgment of the trial court is reversed in part and affirmed in part. Facts and Procedural History {¶2} Mousa and Arlet Mounir Saad (“Saad”) were born in Egypt and immigrated to the United States where they were married in 2005. Tr. 26. Mousa operates a medical practice called the OB/GYN Women’s Health Center. Tr. 91. On January 17, 2013, Saad filed for divorce. Doc. 282. Though this action for divorce was later terminated, the evidence in the record indicates that Mousa began transferring marital funds out of several bank accounts around the time that Saad initiated divorce proceedings. {¶3} On January 7, 2013, Mousa withdrew $90,000.00 from joint account #- 4665 at PNC Bank. Ex. TT. He then deposited these funds into First Citizen’s Bank account #-1955 and closed PNC Bank account #-4665. Ex. UU. The First Citizen’s Bank account was held by Mousa Investments, LLC, which was the entity that owned the building in which Mousa’s medical practice operated. Ex. KK. On -2- Case No. 9-18-12 January 17, 2013, Mousa withdrew $50,000.00 from this account.1 Tr. 447, 449. Ex. JJ, SS, UU. He then issued checks to his brother, Michael Mousa (“Michael”), who lives in Canada, from this account. Ex. QQ, RR, SS. Mousa transferred $16,000.00 to Michael in this manner. Ex. QQ, RR, SS. On December 31, 2013, Mousa wired the $65,051.98 that remained in this First Citizen’s Bank account to Michael and then closed this account. Tr. 372-373. Ex. KK, LL. {¶4} In 2013, Mousa issued checks to Michael against his personal checking account at J.P. Morgan Chase Bank that totaled $34,500.00. Doc. 282. Ex. PP. At trial, Mousa said that he was repaying a loan from Michael with these payments. Tr. 422, 424. Mousa also had a business account with Fahey Bank. Ex. N. During the course of 2013, Mousa also issued checks worth $103,000.00 from this account to Michael. Ex. VV. At trial, Mousa claimed that these were rent payments on the building in which his medical practice operated. Tr. 449. However, the record shows that Mousa and Saad purchased this building with marital funds. Tr. 312- 317, Ex. AA, BB, EE. Further, Mousa did not substantiate this claim with any ...
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