Calanni v. Stowers

Citations

• 2018 Ohio 4025

Syllabus

Magistrate's decision objections independent review Civ.R. 53(D) credibility landlord tenant damages ordinary wear and tear cleaning painting abuse of discretion. The trial court did not abuse its discretion in adopting the magistrate's award of damages to the landlord where the court conducted an independent review, deferred to the trier of fact's credibility assessment of the witnesses, and found the record supported the magistrate's findings of fact and conclusions of law. The record demonstrated a lack of credibility, evidence lacking sufficient detail to support that the work was actually performed on the premises, and the landlord failed to show that the bulk of the repairs were made for damage beyond ordinary wear and tear.