Bhau v. PEM Properties, Ltd.
2016 Ohio 7377
| Ohio Ct. App. | 2016Background
- Plaintiffs Rajinder Bhau and Rajvir Gaur (doing business as Kabob and Curry) sued PEM Properties, Ltd. and Paul Malagrida for breach of contract and fraud in Stark County Common Pleas.
- The case was referred to a magistrate, who held a two-day non-jury trial in September 2014; the parties requested and paid for a transcript but did not file it with the trial court.
- Magistrate issued a decision in June 2015: ruled for PEM Properties on plaintiffs’ claims and for plaintiffs on PEM’s counterclaim.
- PEM filed timely objections to the magistrate’s factual findings but did not file the trial transcript with those objections; the trial court extended time for a transcript but the transcript itself was not filed.
- Trial court overruled PEM’s objections on October 27, 2015, reasoning PEM failed to comply with Civ.R. 53(D)(3)(b)(iii) by not filing the transcript; PEM moved to file the transcript and to reconsider, then appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in overruling PEM’s objections for failure to file the trial transcript under Civ.R. 53(D)(3)(b)(iii) | Bhau/Gaur: trial court properly required compliance with Civ.R. 53; magistrate findings stand absent a supporting transcript | PEM: transcript existed and was available to the court; trial court should have considered it despite not being formally filed | Court affirmed: objecting party must file the transcript; failure to do so violates Civ.R. 53(D)(3)(b)(iii) and precludes attacking magistrate’s factual findings |
Key Cases Cited
- State ex rel. Duncan v. Chippewa Twp. Trustees, 73 Ohio St.3d 728 (Ohio 1995) (a court cannot consider materials not properly provided to it when reviewing a lower authority’s findings)