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· 2/18/2022

White v. Grange Ins. Co.

Citations

  • 2022 Ohio 497

Syllabus

Appellate jurisdiction existed over two orders the trial court entered because the court's initial order was not a final appealable order. Specifically, appellant's untimely objections to a magistrate's decision were still pending when the trial court filed its initial order adopting the magistrate's decision. The initial order also did not contain a Civ.R. 54(B) certification. Furthermore, the trial court did not commit plain error in finding that appellant's action was barred, as appellant failed to file suit within the limitations period contained in his insurance policy. In addition, the limitations period in the Ohio Consumer Sales Protection Act did not apply because the act does not apply to transactions between insurance companies and their customers. Appellant's manifest weight challenge cannot be considered on appeal because appellant failed to file a transcript of the hearing before the magistrate in the trial court proceedings. Finally, the trial court did not abuse its discretion by refusing to consider appellant's untimely objections to the magistrate's decision. Judgment affirmed.

Judges: Welbaum

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