Albritton v. White
2011 Ohio 3499
Ohio Ct. App.2011Background
- Albritton tenant signed a lease for 2424 Baywood Street with White on April 10, 2008, including a $650 deposit and one month’s rent.
- Albritton paid the $650 deposit; first month’s rent was not paid; new leases were executed on May 1 and May 5, 2008 with partial rental payment of $450 leaving a $200 balance.
- Albritton purportedly informed White on May 9, 2008 she would not continue renting and sought refund of deposits/payments; White allegedly refunded a portion of rent.
- Albritton filed suit June 9, 2008 seeking $2,118 for unpaid rent, deposit not returned, storage/moving costs, lost wages, and pain and suffering; White counterclaimed for $1,800 for lost rent/costs.
- A magistrate held July 9, 2008, awarding Albritton $818.34 after offsetting White’s $281.66 counterclaim; 8% interest from July 9, 2008, and costs were awarded.
- White’s post-trial objections lacked a transcript or Civ.R. 53(D)(3)(b)(iii) affidavit; the trial court overruled objections and adopted the magistrate’s decision; White appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court’s judgment is against the manifest weight of the evidence. | White contends weight should favor him due to credibility and evidence. | White argues the magistrate erred in factual findings and credibility. | No reversible error; record incomplete to review weight of evidence. |
| Effect of missing trial transcript/record on review of the magistrate’s decision. | White asserts weight issues rely on transcript not available. | Record lacks transcript or proper affidavit; cannot challenge weight on absent record. | Absence of transcript/affidavit prevents review; record presumed regular. |
| Whether White properly preserved objections to the magistrate’s decision. | White complied with objections but lacked necessary evidentiary support. | White failed to provide transcript, affidavit, or App.R. 9 recreation; objections inadequate. | Objections not properly supported; affirmed based on procedural deficiencies. |
Key Cases Cited
- In re Guardianship of Smith, 2010-Ohio-4528 (Clark App. No. 09 CA 69, 2010) (weight-of-evidence, credibility for trial judges to decide)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility of witnesses; standard for appellate review)
- Banks v. Regan, 2008-Ohio-188 (Montgomery App. No. 21929) (presumption of regularity with limited record)
- State v. Like, 2008-Ohio-1873 (Montgomery App. No. 21991) (presumption of regularity; limits of review with incomplete record)