Michael v. Michael, Unpublished Decision (6-22-2001)
Michael v. Michael, Unpublished Decision (6-22-2001)
Opinion of the Court
OPINION
David P. Michael is appealing the decision of the trial court, adopting a magistrate's decision, which held Michael responsible for child support arrearages.The problem with Michael's appeal, however, is that he did not file any objections to the magistrate's decision as required by Civ.R. 53(E)(3) which states that "[a] party shall not assign as error on appeal the court's adoption of any finding of fact or conclusions of law unless the party has objected to that finding or conclusion under this rule." See State ex rel. Booher v. Honda of Am. Mfg., Inc. (2000),
The appellant here has assigned one error: "The trial court erred in determining that appellant's child support arrearage should not be vacated based on the appellee's intentional and fraudulent conduct regarding paternity of the minor child, David Raymond Michael." This alleged error, however, was never brought to the attention of the trial court by a duly filed written objection to the magistrate's decision, and, therefore, is not cognizable on appeal.
BROGAN, J., FAIN, J. and YOUNG, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.