Bowshier v. Bowshier, 2013 Ohio 4073

Garage at 6 Vanada, Springfield, built in 1962, formerly West End Body Shop, later owned by Betty Bowshier, now deceased.
Betty Bowshier gave Robert Bowshier a general power of attorney in 2008, enabling Robert to convey the garage to himself in 2009.
In May 2010 Teddy Bowshier and Robert Bowshier disputed the transfer: Teddy alleges an oral land contract for sale with a down payment; Robert contends it was a 589 monthly rent under a lease.
Teddy paid 589 monthly; performed substantial repairs to the garage; dispute arose when Teddy learned Robert treated payments as rent rather than installment payments.
Robert filed forcible entry and detainer in February 2012, claiming Teddy was a commercial tenant under an oral month-to-month lease and owed rent.
Magistrate found in favor of Robert; trial court adopted, ordering restitution of the premises; Teddy appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction: should case have been transferred to common pleas?	Foreclosure/land-contract claim exceeded municipal court scope.	Case should be transferred when title issues or lien foreclosure arise.	No transfer required; municipal court lacked jurisdiction over foreclosure; transfer not mandated.
Due process: did Teddy’s absence at hearing violate rights?	Robert’s absence did not prevent proof; affidavit showed facts; Teddy did not subpoena.	Robert’s absence deprived Teddy of confrontation and cross-examination.	Due process not violated; presence not necessary to prove lease; unaffirmed objections preserved; evidence supported judgment.
Findings: should magistrate have provided separate findings of fact and law?	Magistrate provided adequate findings within decision; requested additional findings were not required.	Need explicit separate findings to review clearly on appeal.	No error; magistrate’s findings were sufficient; no additional findings required.
Evidence: is the restitution judgment supported by the record and not against the weight?	Robert proved title and rent default; Teddy admitted nonpayment; lease vs. land contract issue unresolved but not fatal.	There is substantial evidence Teddy had a land contract and thus not merely a lease.	Judgment supported by credible evidence; not against manifest weight.

Lin v. Reid, 11 Ohio App.3d 232 (10th Dist.1983) (foreclosure not within general municipal court jurisdiction; transfer inappropriate)
Carpenter v. Warren Municipal Court, 61 Ohio St.2d 208 (1980) (forcible entry & detainer aims at possession, not title)
Haas v. Gerski, 175 Ohio St. 327 (1963) (forcible entry and detainer relief unaffected by pending title actions)
Heard v. Sharp, 50 Ohio App.3d 34 (8th Dist.1988) (diligence and due process considerations in dismissal scenarios)
Ryan v. Kenley, 2d Dist. Montgomery No. 10534, 2003-Ohio-2088 (2d Dist. Montgomery, 2003) (discussion of magistrate transfer when title issues exist; dicta on municipal court jurisdiction)