2020 Ohio 3442
Ohio Ct. App.2020Background
- On June 18, 2018, Cable Busters, LLC contracted to replace the roofs on Karen Mosley’s house and garage; State Farm would pay most costs and Mosley was responsible for her deductible and uncovered code upgrades.
- State Farm issued one initial check and three progress/final checks; Mosley delivered those checks to Cable Busters.
- Mosley refused to pay a remaining invoice for $4,856.26; Cable Busters sued her for breach of contract on February 28, 2019, seeking that unpaid amount.
- At the municipal-court bench trial Mosley argued she had paid approximately $5,600 (covering the house quote plus garage) and thus owed nothing further; the magistrate entered judgment for Mosley.
- Cable Busters did not file objections to the magistrate’s decision; the trial court adopted the magistrate’s decision without objection.
- On appeal Cable Busters challenged sufficiency and weight of the evidence but had waived those arguments by failing to object below and failed to invoke plain-error review on appeal; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial-court judgment is against the manifest weight / lacks sufficient evidence | Cable Busters: judgment against weight/sufficiency; ask for manifest-weight review | Mosley: she paid the full contract amount; magistrate credited her evidence | Waived — Cable Busters failed to object to the magistrate, so manifest-weight review is not available on appeal |
| Whether plain-error review should be applied despite failure to object | Cable Busters: raised only manifest-weight; did not properly invoke plain error on appeal (also asserted below that a continuance denial prevented objections but did not assign error) | Mosley/trial court: plain-error doctrine is disfavored in civil cases and requires exceptional circumstances | Forfeited — appellant did not argue plain error on appeal; appellate court will not sua sponte perform plain-error review and affirmed judgment |
Key Cases Cited
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (Ohio 1997) (plain-error doctrine disfavored in civil appeals; apply only in extremely rare circumstances to prevent manifest miscarriage of justice)
- State v. Quarterman, 140 Ohio St.3d 464 (Ohio 2014) (appellate courts are not obligated to search the record or formulate legal arguments for parties)
- Sizemore v. Smith, 6 Ohio St.3d 330 (Ohio 1983) (appellate review is better informed when issues are briefed and considered by lower courts)