Molnar v. Castillo

Summary

The Ninth District Court of Appeals of Ohio affirmed the Summit County Court of Common Pleas judgment in a civil trespass dispute involving a fence and yard waste. The court held that Carol Molnar waived her argument that requests for admissions should be deemed admitted by failing to object to the magistrate's decision and by failing to develop a plain-error argument. The judgment awarding Molnar nominal damages and ordering removal of the encroaching fence was affirmed.

Holdings

1. Molnar forfeited appellate review of the issue by failing to object to the magistrate's decision.
2. The court will not construct a plain-error argument for an appellant who has not developed one.

Questions Presented

1. Whether Molnar preserved for appellate review her argument that Castillo's failure to timely respond to requests for admissions required the requests to be deemed admitted.
2. Whether the appellate court should review the unpreserved issue for plain error when Molnar did not develop a plain-error argument.

Disposition

affirmed