Trammell v. McCortney
2011 Ohio 6598
Ohio Ct. App.2011Background
- Jason Trammell filed a claim for unjust enrichment against Michael McCortney relating to a driveway Trammell installed on McCortney's property.
- A magistrate recommended judgment in favor of Trammell in the amount of $2,000, plus interest and costs.
- McCortney objected; the trial court overruled the objections and adopted the magistrate's decision, entering judgment for Trammell in the same amount.
- McCortney appealed raising two assignments of error challenging the factual and legal basis of the award.
- The Ninth District Court of Appeals affirmed, holding McCortney's arguments misguided and the monetary award supported by the record.
- Costs were taxed to McCortney.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Easement by estoppel creation | Trammell argues the evidence supports an easement by estoppel. | McCortney contends there was insufficient evidence of an easement by estoppel. | Overruled; improper framing; unjust enrichment claim governs |
| Weight of the evidence for unjust enrichment | Trammell contends the trial court's monetary award was supported by the evidence. | McCortney asserts the award is against the weight of the evidence. | Overruled; award is supported by the manifest weight standard and record |
Key Cases Cited
- C.E. Morris Co. v. Foley Const. Co., 54 Ohio St.2d 279 (Ohio 1978) (establishes manifest weight standard)
- Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (presumes trial findings are correct on review)
- State v. Wilson, 113 Ohio St.3d 382 (2007) (credibility determinations not overturned on weight of evidence review)
- Jaroch v. Madalin, 2004-Ohio-1982 (9th Dist.) (necessity of proper transcript/affidavit for objections to magistrate findings)