Nelson v. Testa

Citations

• 2024 Ohio 4486

Syllabus

Divorce stipulation to submit disputed issues to court on briefs magistrate's decision objections to magistrate's decision failure to file transcript or affidavit of evidence Civ.R. 53(D)(3)(b)(iii) App.R. 9(B). In this divorce case, the parties agreed to submit contested issues to the court via briefs. The magistrate issued a decision, and both parties filed objections. The parties failed to comply with Civ.R. 53 and Cuyahoga C.P., D.R.Div., Loc.R. 27, which requires a party filing objections to a magistrate's decision to also file a transcript of the proceedings before the magistrate or, if the transcript is unavailable, an affidavit of evidence. The domestic relations court adopted the magistrate's decision in its entirety. Husband appealed and failed to comply with App.R. 9, which requires a party appealing to file a transcript of the proceedings at issue or, if the transcript is unavailable, an affidavit of evidence. This court is unable to conduct a meaningful review of the trial court's factual findings without a transcript or an affidavit of the evidence. Judgment affirmed.