Souare v. Tiltscher

Summary

The Ninth District Court of Appeals of Ohio affirmed the Summit County Court of Common Pleas, Domestic Relations Division, judgment denying Elhadj Souare’s motions concerning custody, parental rights and responsibilities, and child support. The court held that Souare forfeited his appellate challenges by failing to timely object to the magistrate’s decision and by failing to support his assignments of error with appropriate legal authority and record citations.

Holdings

1. Under Civ.R. 53(D)(3)(b)(iv), a party who does not timely and specifically object to a magistrate's factual findings or legal conclusions before appealing forfeits appellate review of those issues, except for plain error.
2. A trial court's action with respect to a magistrate's decision is generally reviewed for abuse of discretion.

Questions Presented

1. Whether the appellate court could review Souare's challenges to the trial court's adoption of the magistrate's decision when he failed to file timely and specific objections before filing his notice of appeal.
2. Whether Souare established plain error that would permit appellate review despite his failure to object.
3. What standard governs appellate review of a trial court's action regarding a magistrate's decision.

Disposition

affirmed