Acts 17:28 Ministries, Inc. v. Dept. of Rehab. & Corr.

Citations

• 2018 Ohio 4954

Syllabus

Civil procedure magistrate objections Civ.R. 53 transcript. Plaintiffs brought this action for breach of contract after Defendant terminated a service contract. Following a bench trial, the magistrate found in favor of Defendant. Plaintiffs filed objections to the magistrate's decision, pursuant to Civ.R. 53(D)(3)(b)(i). Plaintiffs' objections challenged a factual finding by the magistrate. Civ.R. 53(D)(b)(iii) requires objections to a factual finding to be supported by a transcript or affidavit of evidence. The party filing objections must file the transcript or affidavit within 30 days of filing the objections, unless the court extends time in writing or there is other good cause. In this case, the court did not grant an extension of time to file a transcript or affidavit. Plaintiffs failed to file a transcript or affidavit within 30 days. Because Plaintiffs' objections concerned factual findings by the magistrate and Plaintiffs did not file a transcript or affidavit, the court overruled the objections. Finding no error in the magistrate's legal conclusions, the court adopted the magistrate's decision.