State ex rel. Pallone v. Ohio Court of Claims
Annotate this CaseAppellant filed a complaint against the Ohio Department of Natural Resources. A magistrate with the Ohio Court of Claims recommended judgment in favor of the Department. Appellant filed objections to the factual findings in the magistrate’s report and recommendation, but his objections did not include a transcript or affidavit as required by Ohio R. Civ. P. 53(D)(3)(b)(iii). The Court of Appeals entered judgment in favor of the Department. Appellant filed a notice of appeal and also filed a proposed Ohio R. App. P. 9(C) statement of facts in the court of claims. The court of claims rejected the proposed App.R. 9(C) statement and accepted the magistrate’s factual findings as the statement of the evidence. Appellant failed to file his brief in the appeal. The Court of Appeals dismissed Appellant’s appeal. Appellant then commenced this mandamus action to compel the court of claims to settle and approve his Rule 9(C) statement and transmit it to the Court of Appeals as a supplemental record. The Court of Appeals dismissed the complaint. The Supreme Court affirmed, holding that Appellant waived his appeal as to the magistrate’s findings by failing to follow the procedures set forth in Rule 53(D)(3)(b)(iii).
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