Tabak v. Select Home Warranty

Citations

• 258 N.E.3d 699
• 2024 Ohio 5602

Syllabus

Breach of contract; small claims; evidence; magistrate's decision; objections; damages; failure to appear; Civ.R. 8(D); Civ.R. 10(D)(1); Evid.R. 101(D)(8); Civ.R. 53(D)(4)(d); Civ.R. 53(D)(3)(a)(ii); factual findings; legal conclusion; remand; hearing. Reversed the decision of the lower court that adopted a magistrate's decision ruling in favor of the defendant in a small claims action for breach of contract where the defendant never appeared in the action, the plaintiff provided testimony and evidence to prove his claim, and the lower court's legal conclusion was erroneous. The case was remanded to the lower court for a hearing on damages.