Beard v. Rodriguez, Unpublished Decision (4-25-2005)
Beard v. Rodriguez, Unpublished Decision (4-25-2005)
Opinion of the Court
{¶ 2} In early 2004, Rodriguez was renting an apartment in Tiffin, Ohio from Beard. In April of 2004, Beard filed a complaint against Rodriguez in Tiffin Municipal Court, seeking recovery for damages he had caused to the rental property.
{¶ 3} The matter was scheduled for a hearing on June 11, 2004; however, on June 8, 2004, Rodriguez filed a motion for a continuance. This motion was granted by the trial court that same day, and the matter was rescheduled for a hearing on July 14, 2004. The morning of July 14, 2004, Rodriguez filed another motion for a continuance, claiming that he was experiencing difficulties with his car and was unable to procure transportation to the court house. The trial court denied this motion and proceeded to conduct the hearing on Beard's complaint without Rodriguez. Subsequently, the trial court found that Rodriguez was liable to Beard in the amount of $793.70 for damages he had caused to her rental property. Rodriguez appeals from this judgment, presenting one assignment of error for our review.
{¶ 4} In his sole assignment of error, Rodriguez puts forth two arguments. His first argument is that the trial court abused its discretion by not granting his second motion for a continuance. His second argument is that the trial court's judgment was not supported by sufficient evidence.
{¶ 6} Rodriguez requested the continuance because his vehicle broke down the day of the trial, and he had no other mode of transportation to the court house. Thus, he had a legitimate reason for the delay that arose under circumstances to which he did not contribute. However, he had already been granted a continuance once, and his second motion for the continuance came the morning of the hearing. The inconvenience to the trial court and Beard would have been great, especially considering the timing of his motion.
{¶ 7} After considering all of the relevant factors, we can not say that the trial court abused its discretion by denying Rodriguez's motion for a continuance. Therefore, we find that Rodriguez's first argument is without merit.
{¶ 9} Beards' claims against Rodriguez were based on damage she claimed that he had caused to her rental property. At trial, she presented a detailed list of the damage he had caused along with receipts for the items she had replaced and estimates for the necessary repair work. After reviewing all of the evidence in the record, we find that the trial court's judgment was supported by some competent and credible evidence. Accordingly, Rodriguez's second argument is without merit as well.
{¶ 10} Having found no error prejudicial to the appellant herein, in the particulars assigned and argued, we affirm the judgment of the trial court.
Judgment affirmed. Cupp, P.J., and Shaw, J., concur.
Reference
- Full Case Name
- Mary Beard v. Gregory P. Rodriguez
- Cited By
- 2 cases
- Status
- Unpublished