Carter v. Durden
2017 Ohio 738
| Ohio Ct. App. | 2017Background
- In 2011 Durden paid Brown $9,000 to negotiate with the county over tax issues related to an impending foreclosure; Brown took no action.
- In 2013 the property was purchased at a tax foreclosure sale by Michael Carter, who later initiated eviction proceedings against Durden in Cleveland Municipal Court.
- Durden filed a third-party complaint against Brown (fraud, breach of contract, promissory estoppel, unjust enrichment, quiet title). Brown answered pro se and did not otherwise appear.
- A magistrate heard the matter (April 29, 2015) and found Brown committed fraud by representing he was an attorney and failing to act; the court adopted the magistrate’s decision.
- The municipal court awarded $17,000 compensatory and $100,000 punitive damages to Durden; Brown appealed arguing the Ohio Supreme Court has exclusive jurisdiction over unauthorized practice of law claims.
- The appellate court affirmed: Brown waived objections to the magistrate’s findings, the court did not adjudicate unauthorized practice of law, and the fraud findings stand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by awarding damages based on Brown’s alleged unauthorized practice of law | Brown contended the Ohio Supreme Court has exclusive jurisdiction to determine unauthorized practice of law under R.C. 4705.07 | Durden argued the judgment rested on fraud, not a determination of unauthorized practice | Court held there was no finding or claim of unauthorized practice of law; award was based on fraud, so Brown’s jurisdictional argument fails |
| Whether Brown may challenge magistrate findings on appeal absent objections | N/A (Brown did not object below) | Durden relied on procedural waiver rules | Court held Brown waived appellate review of magistrate findings by not timely objecting |
Key Cases Cited
- Schade v. Carnegie Body Co., 70 Ohio St.2d 207 (1982) (appellate courts will not consider errors that could have been raised in the trial court)
- Ohio State Bar Assn. v. Kolodner, 103 Ohio St.3d 504 (2001) (defines unauthorized practice of law and scope of nonattorney representation)