Ferrell v. Cole

Citations

• 2024 Ohio 3305

Syllabus

Magistrate's decision objections failure to file transcript Civ.R. 53 plain error waiver. Judgment affirmed. Appellant failed to file a transcript with her objections to the factual findings in the magistrate's decision granting appellee's eviction action. If a party fails to follow the procedures set forth in Civ.R. 53(D)(3)(b)(iii) for objecting to a magistrate's findings by failing to provide a transcript to the trial court when filing objections, that party waives any appeal as to those findings other than claims of plain error. Appellant failed to argue and demonstrate that this is an \extremely rare case\ in which exceptional circumstances exist warranting application of the plain error doctrine in order to prevent a manifest miscarriage of justice.