LVNV Funding, L.L.C. v. Evans

Summary

The Ohio First District Court of Appeals affirmed summary judgment for LVNV Funding LLC in an action to recover an outstanding credit-card balance. The court held that Shirley Evans’s failure to object to the magistrate’s decision limited review to plain error, which was neither argued nor apparent in the record. The court therefore overruled all five assignments of error.

Holdings

1. A party's failure to file objections to a magistrate's summary-judgment decision results in plain-error review on appeal.
2. No plain error was apparent in the record or the trial court's decision, so the appellate court overruled Evans's assignments of error and affirmed the judgment granting LVNV summary judgment.

Questions Presented

1. Whether Evans's failure to object to the magistrate's summary-judgment decision limited appellate review to plain error.
2. Whether plain error was apparent in the trial court's adoption of the magistrate's decision granting LVNV summary judgment on the alleged credit-card debt.

Disposition

affirmed