United States of Am. v. Myers
2016 Ohio 7817
| Ohio Ct. App. | 2016Background
- In 2002 David Myers executed a $127,900 promissory note (6% interest), a subsidy-repayment agreement, and a mortgage on Chippewa Lake, Ohio property; Tracie Myers signed the mortgage and was joined in suit for her dower interest.
- Myers defaulted on the note in 2010; USDA (Rural Development, USDA) sued in December 2014 to foreclose and recover subsidy repayment, naming the county treasurer for possible tax claims.
- Bench trial before a magistrate: USDA offered exhibits including a non-original, uncertified copy of the mortgage (Plaintiff’s Exhibit 6); the magistrate excluded Exhibit 6 for lack of authentication.
- Magistrate found the note in default and awarded money judgment to USDA, but denied foreclosure relief because the mortgage was not admitted; USDA timely objected arguing Exhibit 6 was self-authenticating under Evid.R. 902(8).
- The trial court held a non-oral hearing, declined to adopt USDA’s objection, and adopted the magistrate’s decision; USDA appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the copy of the mortgage was admissible/self-authenticating | Exhibit 6 should be self-authenticating under Evid.R. 902(8) and admitted | USDA failed to authenticate the copy; no testimony comparing copy to original and the copy was uncertified | Court affirmed exclusion: magistrate found insufficient authentication and trial court properly adopted that finding |
| Whether exclusion of the mortgage created reversible error denying foreclosure | Admission would prove the mortgage and permit foreclosure | Exclusion was supported by magistrate’s factual finding; absence of transcript means findings stand | No reversible error; judgment for defendants on foreclosure affirmed |
Key Cases Cited
- Maurer v. State, 15 Ohio St.3d 239 (1984) (trial court has broad discretion on admission of evidence)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard defined)
- Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619 (1993) (appellate courts may not substitute their judgment for trial court on discretionary matters)
- State v. Conway, 109 Ohio St.3d 412 (2006) (principles limiting appellate disturbance of evidentiary rulings)
- State v. Diar, 120 Ohio St.3d 460 (2008) (reviewing courts should not disturb evidentiary decisions absent abuse creating material prejudice)
- State ex rel. Duncan v. Chippewa Twp. Trustees, 73 Ohio St.3d 728 (1995) (where transcript is not filed, trial court must adopt magistrate’s factual findings)