Levy v. Ivie, 195 Ohio App. 3d 251

Appellant Robert K. Levy filed a creditor’s bill in the Franklin County Court of Common Pleas in 2007 seeking to subject Ivie’s interest in Confidential Court Services to satisfaction of a judgment.
Ivie defaulted on a cognovit note underlying the judgment; Levy claimed Ivie lacked sufficient property to levy.
Ivie petitioned for Chapter 7 bankruptcy, triggering an automatic stay and causing the case to go inactive.
After Ivie was discharged, the matter was reactivated; the magistrate heard issues regarding whether Ivie’s debt was discharged and if the lien could be perfected.
Magistrate determined Ivie’s debt was discharged and the case was dismissed with prejudice on December 10, 2008; the trial court adopted on December 18, 2008.
Levy did not timely appeal the December 18, 2008 dismissal; instead, he later sought findings of fact and conclusions of law, which were deemed untimely.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appeal is jurisdictionally proper given the timing of objections and final judgment	Levy argues the June 18, 2010 judgment dismissing the case is reviewable on appeal	Ivie contends untimely objections and lack of timely appeal deprive the appellate court of jurisdiction	Appellate lack of jurisdiction; appeal dismissed

Murray v. Goldfinger, 2003-Ohio-459 (Ohio 8th App. Dist. 2003) (untimely objections cannot be reviewed; final judgment stands)
In re J.A.M., 2011-Ohio-668 (Tenth Dist. 2011) (after final judgment, no jurisdiction to review re-adoption of magistrate's decision)
Stamper v. Keatley, 2004-Ohio-5430 (Fourth Dist. 2004) (trial court judgment on untimely objections is a nullity)
Duganitz v. Ohio Adult Parole Auth., 92 Ohio St.3d 556 (Ohio 2001) (Civ.R. 6(E) limitations apply to notices, not to magistrate decisions under Civ.R. 53(D))
Harvey v. Hwang, 2004-Ohio-4112 (Ohio 2004) (Civ.R. 6(E) not applicable to time for filing objections to magistrate's decision)