Seminole Industries, Inc. v. Walthaw

Citations

• 2026 Ohio 653

Syllabus

Magistrate's decision; failure to file objections; failure to file transcript; Civ.R. 53; plain error; waiver; App.R. 9; App.R. 16; App.R. 12; pro se litigant. Judgment affirmed. Appellant failed to file a transcript and objections to 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) and (iv) by failing to object to a magistrate's decision and failing to provide a transcript to the trial court, 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. Additionally, appellant failed to make any references to the record identifying the alleged errors in violation of App.R. 16(A)(3), failed to provide any arguments supporting the contentions she presented for our review in violation of App.R. 16(A)(7), and failed to provide this court with the transcript from the housing court proceedings below as set forth in App.R. 9(B). Under App.R. 12(A)(2), we may disregard appellant's assignment of error on these grounds alone.