T & R Properties, Inc. v. Wimberly

Citations

• 2020 Ohio 4279

Syllabus

Motion to dismiss denied because although appellant vacated the apartment that was the subject of the forcible entry and detainer action while appeal was pending, the appeal presented issues of great public or general interest and that were capable of repetition, yet evading review. Municipal court abused its discretion by overruling objections to magistrate's decision and allowing judgment of restitution to stand. Judgment of restitution was issued after hearing conducted under R.C.1923.07 when appellant did not appear. The magistrate failed to comply with Civ.R. 43 because no testimony was given in open court and he relied solely on an affidavit submitted by property management company in granting judgment. The magistrate also failed to determine whether the affidavit was admissible under the rules of evidence. Judgment of restitution reversed and remanded.