Bolden v. Carmona

Summary

The Ohio Tenth District Court of Appeals affirmed the Franklin County Court of Common Pleas' judgment adopting a magistrate's decision denying Jacqueline Carmona's motion to hold Terry A. Bolden in contempt. The court held that Carmona waived all but plain-error review by failing to timely object to the magistrate's decision and that, without a transcript of the magistrate's hearing, the court had to presume the regularity of the lower court's proceedings.

Holdings

1. A party that fails to file timely objections to a magistrate's decision waives all but plain-error review on appeal.
2. When an appellant challenges factual findings but fails to provide the transcript necessary to review those challenges, the appellate court must presume the regularity and validity of the lower-court proceedings and affirm.

Questions Presented

1. Whether Carmona preserved her challenges to the magistrate's decision by filing timely written objections.
2. Whether the appellate court could review Carmona's factual and legal assignments of error without a transcript of the magistrate's hearing.
3. Whether the trial court's judgment adopting the magistrate's denial of Carmona's contempt motion should be affirmed.

Disposition

affirmed