State ex rel. Fant v. Trumbo, 85-566
| Decision Date | 12 March 1986 |
| Docket Number | No. 85-566,85-566 |
| Parties | , 22 O.B.R. 359 The STATE, ex rel. FANT, Appellant, v. TRUMBO, Judge, Appellee. |
| Court | Ohio Supreme Court |
Appellant, Henry J. Fant, was the plaintiff in an action filed in Cleveland Municipal Court, Small Claims Division, seeking to recover from his former landlord his security deposit in the amount of $150 together with damages for the landlord's alleged failure to return such security deposit. This action was brought pursuant to R.C. 5321.16(B) and (C). The matter proceeded to a hearing before a referee, but no transcript of the hearing was made.
Following the hearing, the referee found the security deposit was due but that, while the check previously issued to appellant covering the security deposit was returned for insufficient funds, there was not such a showing of bad faith by the landlord sufficient to assess damages under R.C. 5321.16(C). The reason given therefor was that, unknown to the landlord, a restraining order had been placed against the account on which the check was drawn.
Appellant then filed a timely objection to the referee's report and a hearing on the objection was afforded before appellee, Judge George W. Trumbo. Appellee sustained the referee's report on June 18, 1984 and filed his own findings of fact and conclusions of law on July 5, 1984. These findings specifically made reference to the circumstances behind the landlord's issuance of the check drawn without sufficient funds. On July 2, 1984, appellant filed a motion for new trial, contending that appellee had improperly considered testimony at the hearing on appellant's objections to the referee's report. The motion for new trial was denied on August 2, 1984 and appellant appealed. In connection with such appeal, appellant issued a praecipe directing the clerk to prepare original papers, including a "[s]tatement of [the] evidence or proceedings under Rule (9)." Appellant then filed his own narrative statement with the appellee, after which the appellee entered the following judgment entry on September 25, 1984:
"The Statement of Proceedings and Evidence (App.R. 9(C)[)] submitted by Plaintiff is not approved and * * * [reference is made] to the Findings of Fact and Conclusions of Law submitted by the Court on the 7th [sic] day of July, 1984 as representative of the facts at hand."
Appellant thereupon filed a mandamus action in the court of appeals on January 8, 1982, in essence praying for an order compelling appellee to settle appellant's previously submitted and disapproved narrative statement. Appellee filed a motion to dismiss, appending thereto a copy of his own statement of the evidence or proceedings which had been filed with the Clerk of...
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... ... testified that he trained in radar at the Ohio State Patrol ... Academy in his basic training from January ... Accord ... State ex rel. Ohio Motorists Assn. v ... Masten (1982), 8 Ohio ... State, ex rel ... Fant. v. Trumbo (1986), 22 Ohio St. 3d 207, 489 ... N.E.2d ... ...
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Cunningham v. Miller, 2010 Ohio 2526 (Ohio App. 6/4/2010)
...statement of the evidence. Covey v. Natural Foods, Inc., 6th Dist. No. L-03-1111, 2004-Ohio-1336, at ¶31, citing State ex rel. Fant v. Trumbo (1986), 22 Ohio St.3d 207, 208. "Where a trial court submits its own statement of the evidence for appeal purposes, the reviewing court, pursuant to ......