Foster v. Benson

Citations

• 2019 Ohio 1528

Syllabus

Notice of service, lack of prosecution, failure to record, manifest weight, sufficiency, lack of transcript, damages award. The trial court did not violate plaintiffs' due process rights when it proceeded to trial in their absence because the docket reflected that plaintiffs' attorney received notice of the hearing. The trial court's failure to make findings regarding plaintiffs' absence was not error and the trial court did not err in not recording the proceedings because under Civ.R. 53(D)(7) it was plaintiffs' responsibility to retain a private court reporter if they desired one. Further, plaintiff Foster failed to file a transcript or appropriate substitute, and therefore, we presume regularity of the lower court's proceedings and find that the trial court's judgment in favor of Benson was supported by sufficient evidence and was not against the manifest weight of the evidence. Finally, the trial court's damages award to Benson on her counterclaim against Foster was proper, but the trial court erred in awarding damages to Thomas, because he did not file a counterclaim.