In re Estate of Eileen R. Haxton

Summary

The Ninth District Court of Appeals of Ohio affirmed the Medina County Probate Division’s judgment removing Kevin R. Haxton as ancillary administrator of the Estate of Eileen R. Haxton. The court held that Haxton forfeited his appellate challenges by failing to object to the magistrate’s decision under Ohio Civil Rule 53 and did not argue plain error. The underlying dispute involved ownership and valuation of real property, an alleged verbal loan and agreement to reconvey the property, and the statute of frauds.

Holdings

1. A party who fails to timely and specifically object to a magistrate's decision forfeits the right to assign as error on appeal the trial court's adoption of the magistrate's factual findings and legal conclusions, except for plain error.
2. An appellate court will not sua sponte undertake a plain-error analysis when an appellant forfeits an issue but fails to argue plain error.

Questions Presented

1. Whether Kevin preserved appellate challenges to the magistrate's factual findings and legal conclusions by failing to file objections after the trial court immediately adopted the magistrate's decision.
2. Whether the Court of Appeals should conduct plain-error review when the appellant failed to make a plain-error argument.
3. Whether the trial court's judgment concerning the statute of frauds, ownership and valuation of the Foundry Property, and removal of Kevin as ancillary administrator should be reversed.

Disposition

affirmed