Guthrie v. Guthrie

Citations

• 259 N.E.3d 722
• 2024 Ohio 5581

Syllabus

APPELLATE REVIEW/CIVIL – OBJECTION TO MAGISTRATE DECISION – INDEPENDENT REVIEW – SUMMARY JUDGMENT: In her appellate brief, appellant failed to cite to the record, to cite and discuss relevant authorities, and to cite standards of review for three of her four assignments of error, all of which are required by appellate and local rules, constituting independent grounds for overruling all four assignments of error. The probate court did not err when it ruled on appellant's objections to the magistrate's decision, as it stated that it conducted an independent review, and appellant did not point to anywhere in the record that refutes that statement. The probate court did not err when it granted appellees' motion for summary judgment and assessed appellant more than $36,000, because appellant provided no evidence that created a genuine dispute of any material fact. The appellate court cannot hold that the probate court erred when it requested an accounting back to October 2020 where appellant failed to substantiate her argument on appeal with references to the record or with citations and discussions of relevant authority. [See CONCURRENCE: The lack of citation to the record was ultimately detrimental to the appeal where the accounting at issue was 180 pages long and contained a voluminous number of transactions that occurred over several years and the appellant offered only a general conclusory assertion that the entire $36,089.59 award should be reversed based on the authority granted to her in the power of attorney.]