Yeckley v. Yeckley

Citations

• 2020 Ohio 5432

Syllabus

Foreclosure Civ.R. 54/final, appealable order magistrate's decision Civ.R. 53(D)(3)(b)(i)/objections to magistrate's decision motion for reconsideration findings of fact and conclusions of law plain error abuse of discretion. The trial court's orders disposed of appellant's motions for accounting and rents, and the trial court's journal entry stated, in accordance with Civ.R. 54, that there was no just reason for delay resulting in a final, appealable order. Appellant failed to timely file his objections to the magistrate's decision. Absent an argument of plain error, which appellant has not presented to this court, appellant's argument that the trial court erred in denying his motion for accounting and rents is not properly before this court. Where the magistrate ruled on a motion and issued findings of fact and conclusions of law and appellant failed to file timely objections to the magistrate's decision, a second filing of an identical motion will not cure appellant's failure. The trial court did not err when it denied appellant's motion for reconsideration and appellant's motion for findings of fact and conclusions of law on appellant's identical second motion for accounting and rents. There was no abuse of discretion where the trial court overruled appellant's objections to the magistrate's decision on the granting of appellee's summary judgment motion for foreclosure. Although appellant's objections to the magistrate's decision were timely filed, appellant failed to advance any new arguments other than those already presented and overruled. Additionally, appellant did not contest the foreclosure.