Kramanak v. Myers
2013 Ohio 2977
Ohio Ct. App.2013Background
- Appellants leased and occupied 1119 – 37th Street N.E., Canton, Ohio for ~19 years as holdover tenants after renewal expired in 2009.
- Mold and water issues were reported to the Stark County Health Department; mold was abated in July 2012.
- Appellee served a 30-day notice to vacate on August 16, 2012; tenants allegedly failed to pay August–October rent and did not vacate.
- Forcible entry and detainer action filed October 12, 2012; first action dismissed, second action for damages continued since tenants vacated.
- Magistrate held a hearing Nov. 28, 2012; damages awarded to appellee totaling $5,011.06, with security deposit credited; counterclaim for retaliation dismissed.
- Canton Municipal Court adopted the magistrate’s decision on December 31, 2012; appellants appealed raising five assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the magistrate's decision permitted on appeal despite Civ.R. 53(D)(3)(a)(iii) language | Kramanak argues the court can review magistrate findings when the language is missing. | Myers contends the lack of language bars review of findings. | Appellants may assign errors despite missing language. |
| Whether the record supports the trial court's adoption of magistrate findings given missing transcript | Kramanak asserts adequate record supports adoption. | Myers asserts lack of transcript precludes review. | Because portions of the transcript were not provided, Knapp requires presuming regularity and affirming. |
| Whether the damages award including back rent and specific repair costs was proper | Kramanak contends damages properly awarded with certain items supported. | Myers challenges portions of the damage items and amounts. | Assignments of error on damages are overruled; damages affirmed minus normal wear and tear findings. |
| Whether the counterclaim for retaliation was properly dismissed | Kramanak argues retaliation claim lacked sufficient proof. | Myers contends retaliation evidence supported a claim. | Counterclaim for retaliation is dismissed for lack of evidence. |
Key Cases Cited
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (presumption of regularity when transcript omitted; affirm)
- Marble Builder Direct Int’l Inc. v. Hauxhurst, 2012-Ohio-1674 (11 Dist. No. 2011-L-040; 2012) (absence of Civ.R.53(D)(3)(a)(iii) allows error assignment)
- Wozniak v. Wozniak, Ohio App.3d 400 (9th Dist. 1993) (requirement of record for resolution of assigned errors)