Court of Appeals of Ohio, Eighth District, Cuyahoga
ANNE M. KEBE, Plaintiff-Appellant,
LATASHIA JENKINS BUSH, Defendant-Appellee.
Appeal from the Cleveland Municipal Court Housing Division
Case No. 2017 CVG 1759
Heller Law, L.L.C., and Michael A. Heller, for appellant.
Legal Aid Society of Cleveland, and Hazel G. Remesch and
Matthew D. Vincel, for appellee. LARRY A JONES, SR., J.:
JOURNAL ENTRY AND OPINION
A. JONES, SR, JUDGE
1} Plaintiff-appellant Anne Kebe ("Kebe")
appeals the trial court's decision to deny her motion for
relief from judgment. For the reasons that follow, we affirm.
This appeal stems from an eviction action filed in Cleveland
Municipal Court, Housing Division, initiated by Kebe against
her former tenant, defendant-appellee Latasha Bush
("Bush"). In February 2017, Kebe filed a complaint
against Bush for forcible entry and detainer, seeking
possession of rental premises located on Fleet Avenue in
Cleveland and money damages for alleged damage to the
property, unpaid rent, and unpaid utility bills.
3} The trial court subsequently dismissed the
forcible entry and detainer action. Bush filed an answer and
counterclaim for wrongful withholding of her security
deposit. In January 2018, a magistrate presided over a trial.
On January 26, 2018, the magistrate issued its decision,
finding that Bush was entitled to judgment on Kebe's
claims and Kebe was entitled to judgment on Bush's
counterclaim. The same day the trial court adopted the
magistrate's decision. The judgment entry did not specify
the judgment amount for each party.
On February 12, 2018, Kebe filed objections to the
magistrate's decision. Bush moved to strike the
objections as untimely filed. The trial court granted
Bush's motion to strike, agreeing that Kebe's
objections to the magistrate's decision were untimely
filed. In March, Kebe filed a motion for relief from
judgment, which the trial court denied.
5} Kebe filed a notice of appeal. Kebe v.
Bush, 8th Dist. Cuyahoga No. 107146. This court sua
sponte dismissed the appeal:
When the court adopts, rejects or modifies a magistrate's
decision it must also enter a judgment. The judgment entry
must contain a clear pronouncement of the court's
judgment and a statement of relief must be a complete
document separate and apart from that of the magistrate's
order. In this matter, the trial court adopted the
magistrate's decision, but failed to state the amount of
the judgment for each party. Thus, the entry does not contain
a clear pronouncement of the court's judgment.
Consequently, the order in not a final appealable order and
Id. (Motion No. 518722).
6} Kebe subsequently filed a motion for
reconsideration, which this court denied. Id.
(Motion No. 523261). Kebe then filed a motion with the trial
court requesting the court issue a final judgment entry. In
October 2018, the trial court granted judgment to Bush on
Kebe's claims in the amount of "$0" and
judgment to Kebe on Bush's counterclaim in the amount of
"$0." Kebe did not file a motion for relief from
judgment from the trial court's judgment. Instead, Kebe
filed the instant appeal, raising 11 assignments of error for
our review. See Appendix.
7} In the first assignment of error, Kebe claims
that the trial court erred in striking her objections to the
8} Our standard of review for a motion to strike is
whether the trial court abused its discretion by granting or
denying the motion. Abernethy v. Abernethy, 8th
Dist. Cuyahoga No. 81675, 2003-Ohio-1528, ¶ 7. An abuse
of discretion is more than an error of law or judgment; it
implies that the trial court acted unreasonably, arbitrarily,
or unconscionably. Blakemore v. Blakemore, 5 Ohio
St.3d 217, 219, 450 N.E.2d 1140 (1983).
9} The magistrate's decision was filed on
January 26, 2018. Pursuant to Civ.R. 53, Kebe had 14 days
from the date the magistrate's decision was filed to file
her objections. Civ.R. 53(D)(3)(b)(i). Thus, Kebe had until
February 9, 2018, to file her objections. Kebe did not file
her objections until February 12, 2018; therefore, her
objections were untimely filed.
10} "If no timely objections are filed, the
court may adopt a magistrate's decision, unless it
determines that there is an error of law or other defect
evident on the face of the magistrate's decision."
Civ.R. 53(D)(4)(c). Civ.R. 53(D)(5) does allow a court to
grant an extension for a party to file ...