Roote v. Hibernia Apts., L.L.C.
2020 Ohio 5401
Ohio Ct. App.2020Background
- Roote rented an apartment from Hibernia Apartments from 2015 until his eviction in 2017; he sued in 2018 alleging a retaliatory eviction.
- Hibernia counterclaimed and third‑partied Kyle Palmer, alleging a lease (Oct. 26, 2016) breach for unpaid rent, utilities, fees, and damages, seeking $2,203.96.
- A magistrate found Roote owed $1,955.96 for unpaid rent, a water/sewer bill, and damages beyond normal wear and tear, and found no liability to Roote for the eviction claim; trial court adopted the magistrate's decision.
- Roote filed objections and moved to vacate; he did not supply a transcript of the magistrate trial and did not timely appeal the underlying eviction action.
- On appeal, the court declined to review fact‑dependent objections because Roote failed to provide the required transcript under Civ.R. 53 and App.R. 9, and refused to consider evidence not in the trial record; the judgment for Hibernia was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether eviction/retaliation claim should succeed (eviction premised on alleged remedied noise violation) | Roote: eviction was retaliatory and based on an expired/remedied condition so recovery should follow | Hibernia: eviction defense and liability issues resolved below; Roote did not timely appeal the eviction judgment | Court: Roote failed to provide transcript; factual challenges precluded on appeal absent plain error; claim overruled and judgment affirmed |
| Whether Hibernia could recover unpaid rent/charges despite lease issues/expiration | Roote: counterclaim improperly based on expired lease; disputes amounts owed | Hibernia: lease tenants owed rent, utilities, and damages; proved amounts to magistrate | Court: magistrate awarded $1,955.96; appellate court affirms given record and absence of transcript |
| Whether magistrate omitted or mischaracterized evidence (rug, witnesses, exhibits) | Roote: decision omitted testimony/exhibits and mischaracterized evidence | Hibernia: evidence considered below; objections must be supported by transcript; omissions not shown in record | Court: objections required transcript under Civ.R. 53; absent transcript appellate review of factual findings is barred |
| Whether newly discovered evidence or alleged misapplied funds warrant reversal or alter damages calculation | Roote: new evidence undermines witness credibility, shows misapplied funds, sale to collector, and would change outcome | Hibernia: new evidence was not part of the trial record and cannot be considered on appeal; trial evidence supported damages | Court: may not consider evidence not in trial record; presumes lower court proceedings valid and rejects new‑evidence challenges |
Key Cases Cited
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (appellant has duty to provide transcript for appellate review; omissions lead to presumption of validity)
- State v. Ishmail, 54 Ohio St.2d 402 (1978) (appellate court cannot add matter to the record that was not part of the trial court proceedings)