Hurricane Dev., L.L.C. v. Fourtounis

Citations

• 2017 Ohio 927

Syllabus

Objections to magistrate's decision quiet title deed trial court sustained objections manifest weight of the evidence abuse of discretion. Judgment is reversed for a new trial. While the trial court has the authority to reject the magistrate's decision, the trial court abused its discretion in doing so. Based on the evidence presented at trial and the long-standing proposition that the trier of fact is in the best position to take into account inconsistencies, along with the witnesses' manner and demeanor, and determine whether the witnesses' testimonies are credible, the trial court's judgment in favor of Hurricane is against the manifest weight of the evidence. Therefore, judgment is reversed and remanded for a new trial before the trial court.