Anderson v. Anderson

Summary

The Ohio Third District Court of Appeals affirmed a Union County divorce judgment involving spousal support, marital-property division, attorney fees, and refinancing of the marital residence. The court held that the appellant failed to preserve his challenges because he did not timely file specific objections to the magistrate’s decision supported by a transcript and did not argue plain error on appeal.

Holdings

1. A party challenging a magistrate's decision must file objections that state with particularity all grounds for objection and must support factual objections with the relevant transcript or a suitable alternative. Scott's general objections and failure to file a transcript or timely supplemental objections did not satisfy these requirements.
2. When a party fails to make specific objections supported by a transcript and does not assign or argue plain error on appeal, the appellate court need not address factually dependent assignments of error and will not sua sponte develop a plain-error argument.

Questions Presented

1. Whether Scott preserved for appellate review his challenges to the trial court's adoption of the magistrate's factual findings and recommendations when he failed to file specific objections and a supporting transcript in the trial court.
2. Whether the appellate court should conduct a plain-error review of Scott's factually dependent assignments of error despite his failure to argue plain error.

Disposition

affirmed