Burke v. Mayfield Brainard Auto Servs., L.L.C.

Citations

• 2023 Ohio 446

Syllabus

Pro se complaint small claims jury trial request judgment on the pleadings motion to compel magistrate decision fail to file transcript. Judgment affirmed. Defendant-State Farm's motion for judgment on the pleadings was properly granted because pro se plaintiff's complaint failed to allege a claim against State Farm. Plaintiff did not comply with civil rules by failing to serve her discovery requests in an electronic format and not attempting to resolve the alleged dispute prior to filing her motion to compel. Plaintiff waived her right to a jury trial because she conditioned the jury trial request on the Lyndhurst Municipal Court's granting her transfer, which the court granted, and plaintiff did not make another request after that point in the proceedings. Plaintiff failed to file a transcript or affidavit of proceedings with her objections to the magistrate's decision. As a result, we presume that the municipal court considered all the evidence and arguments raised, and the court properly adopted the factual findings of the magistrate and limited its review of plaintiff's objections to the conclusions of law made by the magistrate.