WILLIAMS v. OHIO DEPT. OF REHAB. CORR., Unpublished Decision (8-20-2003)


ALSON WILLIAMS, et al., Plaintiffs v. OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, et al., Defendants.

Case No. 2000-10774.Court of Claims of Ohio.
Decided August 20, 2003.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Richard F. Swope, for plaintiffs.

Anne Berry Strait, Assistant Attorney General, for defendants.

JUDGMENT ENTRY.
FRED J. SHOEMAKER, Judge.

{¶ 1} This case was tried to a magistrate of the court. On July 12, 2002, the magistrate issued a decision recommending judgment for plaintiffs as follows: Gene Miller, $1,800; Alson Williams, $750; and Albert Thrower, $1,500. On July 11, 2003, the court corrected the judgment by recommending judgment in favor of plaintiff, Albert Thrower, in the amount of $500.

{¶ 2} Civ.R. 53 states: “Within 14 days of the filing of a magistrate’s decision, a party may file written objections to the magistrate’s decision.” Defendant timely filed objections. Plaintiff has filed a response.

{¶ 3} In defendant’s objections, defendant challenges several factual findings made by the magistrate in support of the recommendation on damages. However, Civ.R. 53(E)(3)(c) provides, in pertinent part: “* * * Any objection to a finding of fact shall be supported by a transcript of all the evidence submitted to the magistrate relevant to that fact or an affidavit of that evidence if a transcript is not available. * * *”

{¶ 4} Defendant has failed to support the objections with a transcript as required by Civ.R. 53(E)(3)(c). Absent the required transcript, the court is unable to conduct an independent review of the evidence and rule upon the merits of defendant’s objections. See State ex rel. Duncan v. Chippewa Twp. Trustees, 73 Ohio St.3d 728, 730 1995-Ohio-272; Wade v. Wade (1996), 113 Ohio App.3d 414, 418-419; Ohio Edison Co. v. Gilmore (1995), 106 Ohio App.3d 6, 10-11. Accordingly, defendant’s objections are OVERRULED.

{¶ 5} Upon review of the record and the magistrate’s decision, the court determines that there is no error of law or other defect on the face of the magistrate’s decision. Therefore, the court adopts the magistrate’s decision and recommendation as its own including the findings of fact and conclusions of law contained therein. Judgment is rendered in favor of plaintiffs as follows: Gene Miller, $1,800; Alson Williams, $750; and Albert Thrower, $500. Court costs are assessed against defendant. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.