from the Franklin County M.C. No. 2016 CVI 20106 Municipal
Akin, pro se.
Bushong, pro se.
1} Defendant-appellant, Dennis Bushong, pro se,
appeals from a judgment of the Franklin County Municipal
Court granting plaintiff-appellee, David Akin, pro se,
damages in the amount of $1, 300 plus court costs and
interest. For the following reasons, we lack jurisdiction and
dismiss this appeal.
FACTS AND PROCEDURAL HISTORY
2} On July 5, 2016, appellee filed a lawsuit in the
small claims division of the Franklin County Municipal Court
claiming that he hired appellant to color stain and finish a
custom built-in media center made of birch/poplar wood, and
that appellant's work was defective. As a result,
appellee demanded $3, 000, plus court costs and interest, in
damages. (Compl. at 1.)
3} The case was tried before a magistrate on
September 21, 2016. On October 28, 2016, the magistrate found
in favor of appellee and awarded damages of $1, 300, plus
costs and interest. The magistrate's decision also stated
that "[a] party shall not assign as error on appeal the
court's adoption of any findings of fact or conclusion of
law contained in this decision unless the party timely and
specifically objects to that finding or conclusion. Civ.R.
53(D)(3)." On November 1, 2016, the trial court adopted
the magistrate's decision and ordered judgment for
appellee. (Jgmt. Entry at 1.)
4} On November 18, 2016, appellant filed objections
to the magistrate's decision. On January 13, 2017, the
trial court filed a judgment entry that states in relevant
Case called before court on objection filed by defendant.
Objection was filed more than fourteen (14) days after
decision of magistrate which was journalized on November 1,
2016. Also, defendant did not file transcript of hearing.
Therefore, defendant's ...